Selected Cases by Article & Issues
Article 10.25 Cases
(1) The general limitation period is three years beginning on the day after the day the obligee knows or ought to know the facts as a result of which the obligee’s right can be exercised.
(2) In any event, the maximum limitation period is ten years beginning on the day after the day the right can be exercised.
| Number | Issue | # Cases |
|---|---|---|
| 1 | General three years limitation period | 3 |
| 1.1 | Beginning on day after obligee knows or ought to know facts as a result of which right can be exercised | 3 |
| 1.1.1 | Meaning of “facts” | |
| 1.1.1.1 | Formation of contract | |
| 1.1.1.2 | Delivery of goods | |
| 1.1.1.3 | Non-performance | |
| 1.1.1.4 | Identity of obligor | |
| 1.1.1.5 | Other cases | |
| 1.1.2 | “Mistake of law” not preventing limitation period to run | |
| 1.1.3 | Right must be enforceable | |
| 2 | Maximum ten years limitation period | 2 |
| 2.1 | Beginning on day after right can be exercised | |
| 2.1.1 | Right must be enforceable | |
| 3 | Scope of article | |
| 3.1 | All rights covered | |
| 3.1.1 | Ancillary rights | |
| 4 | Meaning of “year” | |
| 4.1 | Can be modified by parties (see art. 1.5) | |
| 4.1.1 | Express modification | |
| 4.1.2 | Implied modification |