The matter is regulated by articles - of the Civil Code
The limitation period in the civil order, the Italian indicates the extinction of a right resulting from the failure to exercise a certain period of timeThe prescription, more precisely, it consists in the extinction of a subjective right because of his failure to exercise for a certain period of time, determined by the law (normally ten years). In legal language, when speaking of prescription, it refers, for the most part, the prescription, but the term prescription is occasionally used to indicate the opposite phenomenon (in which case it is called prescription acquisitive, or adverse possession). The time period varies according to the different circumstances of which you are considering any prescription. Where the law does not have anything in order to the period of time necessary for the purposes of the statute of limitation applies, the limitation period for the ordinary, which is ten years. To the real rights on what others will apply a longer term equal to twenty years. The institute of prescription, finds its raison d'être for the needs of legal certainty: if the right holder does not exercise for an extended period of time, the legal order recognizes the opportunity to protect the interest of the taxable person not to be obligated for an indefinite period of time, more precisely, it is extinguished the obligation but the right of the active subject of the claim that the taxable person complies. This is also protecting those who has actually fulfilled his obligation, since, at a distance of years, it is not always easy to prove its performance (has lost the receipt, and any witnesses are not available or do not remember, etc.). Not all of the rights are subject: not subject to prescription, inalienable rights, nor the rights available, but also expressly declared inalienable by law. Among the inalienable rights are the rights of the personality, the status family and parental responsibility over the children. Among the rights available non-prescription are the right to property (which, however, is subject to the institute of prescription acquisitive: the adverse possession), the right to the quality of heir (which also meets here the limit of the possible adverse possession by any third party of individual hereditary property and the right to assert the nullity of a contract. If, however, in virtue of the uses or the nature of the service, or for the manner or the place of execution, the need for a term, it shall, in the absence of agreement, is determined by the judge.
The action of fixing the term to accomplish, however, is in turn subject to the prescription routine ten years.
The prescription of an obligation by tort begins to run from the day on which the fact was committed. The discipline of the prescription is mandatory: the pacts aimed at this end are null and void nor is it possible to give up the prescription until this is not accomplished. The waiver need not be express, but can also be the result of conclusive facts, incompatible with the desire to avail themselves of the prescription. In civil law, the statute of limitations is a typical exception of part: cannot be detected by the court, but must be expressly claimed by the party concerned. This means that anyone who is sued for the fulfilment of an obligation prescribed, has the burden to establish itself in the process (by means of the defender, when you need to) and make the exception in the word. Examples of requirements that are shorter are those relating to damages arising from a wrongful act (years after the fact), the compensation of the damage caused by the circulation of vehicles (years after the event), the rights arising from the contract of shipping and transport (year, or eighteen months if the transportation begins or end outside of Europe, starting from the arrival at the destination of the person or from the day of the accident, or if this is unknown - from the day it has been, or would be the return of the thing at the place of destination). This type of prescription, call under way, stands the prescription presumptive, which operates in a procedural context. Applies to the relations - that are specified by law - in which the extinction of the debt (in particular, payment of the price of a goods or a service) is generally performed in a short time. In this case, the debtor that states, for example, to have fulfilled his performance, but it is not in possession of the relevant evidence (e.g.
receipt of payment), you may simply be limited to objecting in court to the creditor to the successful prescription presumptive.
As a result of the case that the obligation is 'presumed' extinct.
There are several examples of requirements 'short' (v
It is a presumption, not an absolute (iuris et de iure), but relative (iuris tantum), that is, that can be overcome by evidence to the contrary. However, this test is consisting only of the 'oath decision-making': the creditor asks the debtor to swear to the due performance has been extinguished if the debtor swears (without prejudice to the criminal consequences of a false oath(art. criminal code), the judge, in deciding the dispute, will refer to the juror by the party, without being able to review the reliability and veracity. The exception of prescription, presumptive, however, must be rejected if the one who opposes it, however, has admitted in court that the obligation has not been extinguished. The terms of the prescription can be 'suspended' (for example, in time of war, in favour of the military service, or in favour of the interdicted for mental infirmity for the time in which they are not the legal representative), or 'interrupted'. In the suspension of the period elapsed before the interruption is the sum with the one that continues in effect after the termination of the cause for suspension. In the break, after each cause of interruption is again starting a new period of prescription. The outage occurs in three cases: In the event of the commencement of the document instituting the proceedings, the prescription will remain paused for the entire judgment, until the sentence that defines it does not pass judgment. The rules (art. civ.) and provide the criteria for the calculation of time: this does not take account of the starting day of time (for example, the day in which it was the left that generates the right to compensation) and the term expires when you end on the last day it including. If the deadline expires on a public holiday, it is extended to the right to the next working day. To this end, as would normally be expected in the field of procedural terms, the sabbath is regarded as a working day (act no. of the twenty-seventh of may, and subsequent amendments, of which lately the law no. of the twenty November). Prescription to months occurs in the month of expiry and on the day of this corresponding to the day of the month initial. If in the relevant month lacks such day, the term is fulfilled with the last day of the same month.
Some rights are provided for prescription significantly shorter compared with the ordinary prescription of ten years.
It prescribes in six months, the right of the hoteliers and innkeepers for room and board they administer, and prescribe in the same period, the right of all those who give lodging with or without board.
