Statute of limitations defence (prescripție extinctivă) in Romanian civil law
The statute of limitations defence is raised when the claimant waited too long to sue. If upheld, the claim is rejected without examination of the merits.
Definition
What is prescripție extinctivă?
The Romanian statute of limitations (art. 2500-2544 Civil Code) bars court enforcement of a right if the holder failed to sue within the prescribed period. The general period is 3 years (art. 2517). The defence must be raised by the defendant in the statement of defence or at the latest at the first hearing: it cannot be raised later. If upheld, the claim is dismissed as time-barred without examination of the merits. Prescription may be interrupted (restarted) or suspended depending on legal circumstances.
Frequently asked questions
Generally from the date the right holder knew or should have known the cause of action arose (art. 2523 Civil Code).
No, only the right to court enforcement. Voluntary payment after prescription cannot be reclaimed as undue payment.
Do you have a case in court?
Look up your case. On its page you choose how you want to follow it.