Prescription

Plea of Prescription – Special Legal Regime – Waiver of Prescription – Conditions
Application of Article 353 of the Civil Transactions Law

According to the text of Article 353 of the Civil Transactions Law, the court may not, on its own initiative, rule that a claim is inadmissible or that a right has lapsed due to the passage of time. Such a plea must be raised by the debtor or by any other party with a legitimate interest in raising it, even if the debtor himself has not invoked it. The plea may be raised at any stage of the proceedings, including before the Court of Appeal, unless the circumstances indicate that the defendant has waived the plea.

Waiver of prescription, in all its forms, is a unilateral legal act that becomes effective solely by the will of the party entitled to it, once the right to invoke it has arisen. Such a waiver is not subject to any formal requirements; it may be expressed explicitly through any wording that clearly indicates intent, or implicitly through conduct.

Principle No. 44
In Labor Appeal No. 844/2019 – Judicial Year 21, Page 155.