Selected Cases by Article & Issues
Article 10.80 Cases
(1) Where the obligee has been prevented by an impediment that is beyond its control and that it could neither avoid nor overcome, from causing a limitation period to cease to run under the preceding Articles, the general limitation period is suspended so as not to expire before one year after the relevant impediment has ceased to exist.
(2) Where the impediment consists of the incapacity or death of the obligee or obligor, suspension ceases when a representative for the incapacitated or deceased party or its estate has been appointed or a successor has inherited the respective party’s position. The additional one-year period under paragraph (1) applies accordingly.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Suspension of limitation periods by effect of impediments | |
| 1.1 | Impediments beyond obligee’s control (“force Majeure”) | |
| 1.1.1 | General limitation period not expiring before one year after relevant impediment has ceased to exist | |
| 1.1.2 | Maximum limitation period not affected | |
| 1.2 | Incapacity and death | |
| 1.2.1 | General limitation period not expiring before one year after representative for incapacitated or deceased party or estate has been appointed | |
| 1.2.2 | General limitation period not expiring before one year after successor has inherited party’s position |