The suspension foreseen by the Royal Decree 463 / 2020 of the prescription and expiration periods, and their subsequent resumption on June 4, which we anticipated previously in this entry of the blog, will have a positive effect on the limitation period of personal actions.
Let us remember that art. 1964.2 of the CC, in charge of establishing the limitation period for personal actions, was modified by the Law 42/2015, of October 5, reducing from 15 to 5 years the general term established for personal actions.
To avoid the consequent damages to anyone interested in bringing a personal action, transitory periods were given that foreseen for October 7, 2020 the prescription of all legal relationships born in the period from October 7, 2005 to October 7, 2015.
That is, the actions with a statute of limitations of 15 years, became 5. Those actions that, on October 7, 2015, were still in force within that period of 15 years, (for example, because there were only after 8 years of the 15), they would only have 5 more years of validity (in the previous case, only until 13 and not until the initial 15), until October 7, 2020.
After the declaration of the state of alarm, these deadlines - like others - were suspended for a total of 82 daysConsequently, this suspension period must be added to the 5-year period that limited those actions that were born with a limitation period of 15 years.
Thus, to compute the personal actions arising in the described period, it will be necessary to add to the date on which the 5 years of entry into force of Law 42/2015 (October 7, 2020), the 82 days of suspension for Covid, resulting in those personal actions will prescribe now, not on October 7, but on December 28, 2020.
Therefore, if you are in this case, and you have been pending or are wondering whether or not you should exercise any claim or legal action, you will still be in time to stop the prescription of the action taking advantage of the suspension caused by the Covid pandemic.
In any case, our strongest recommendation is that you be advised as soon as possible to ensure the validity and effectiveness of your rights. Do not hesitate to contact us as soon as possible and we will analyze your specific case.
