Selected Cases by Article & Issues
Article 10.50 Cases
(1) The running of the limitation period is suspended
(a) when the obligee performs any act, by commencing judicial proceedings or in judicial proceedings already instituted, that is recognised by the law of the court as asserting the obligee’s right against the obligor;
(b) in the case of the obligor’s insolvency when the obligee has asserted its rights in the insolvency proceedings; or
(c) in the case of proceedings for dissolution of the entity which is the obligor when the obligee has asserted its rights in the dissolution proceedings.
(2) Suspension lasts until a final decision has been issued or until the proceedings have been otherwise terminated.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Suspension of limitation periods by judicial proceedings | |
| 1.1 | When obligee performs any act recognised by lex fori as asserting obligee’s right against obligor | |
| 1.1.1 | By commencing judicial proceedings | |
| 1.1.2 | In judicial proceedings already instituted | |
| 1.2 | When obligee has asserted its right in obligor’s insolvency proceedings | |
| 1.3 | When obligee has asserted its right in dissolution proceedings of entity which is obligor | |
| 2 | Requirements for judicial proceedings to commence | |
| 2.1 | To be determined by lex fori | |
| 2.2 | To be determined by law governing insolvency or dissolution proceedings | |
| 3 | Suspension lasting until final decision or proceedings terminated otherwise | |
| 3.1 | Meaning of “termination of judicial proceedings” | |
| 3.1.1 | To be determined by lex fori | |
| 3.1.2 | To be determined by law governing insolvency or dissolution proceedings |