Glossary / Civil Law General Concepts

Prescription

Prescription, often called limitation, limits the enforceability of claims after time has passed. In Swiss law it generally does not extinguish the claim automatically; rather, the debtor may raise prescription as a defence. Periods differ by type of claim and may be interrupted, suspended or waived only within legal limits. The policy is to protect legal certainty, evidence reliability and peace after long inaction. Prescription must be distinguished from peremptory time limits, which typically extinguish the right itself and are applied more strictly.

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