Selected Cases by Article & Issues
Article 10.41 Cases
(1) Where the obligor before the expiration of the general limitation period acknowledges the right of the obligee, a new general limitation period begins on the day after the day of the acknowledgement.
(2) The maximum limitation period does not begin to run again, but may be exceeded by the beginning of a new general limitation period under Article 10.2(1).
| Number | Issue | # Cases |
|---|---|---|
| 1 | Acknowledgement of rights by obligor | 1 |
| 1.1 | Before general limitation period has expired | |
| 1.1.1 | A new general limitation period begins to run | |
| 1.2 | Before maximum limitation period has expired | |
| 1.2.1 | Maximum limitation period may be exceeded by up to three years | |
| 1.3 | After limitation period has expired | |
| 1.3.1 | Limitation defence not affected | |
| 2 | Effects of acknowledgement on general limitation period modified by parties | |
| 2.1 | A new limitation period begins to run according to parties’ modification | |
| 3 | Subsequent acknowledgements |