Prescription

Prescription (Invocation – Permissibility) – Trial Court (Authority Regarding Prescription) – Public Order (Prescription)
A court may not rule on the inadmissibility of a claim due to prescription on its own initiative, as prescription is not considered a matter of public order. It may only be applied upon the request of the debtor or any other party with a legitimate interest, at any stage of the proceedings—even before the Court of Appeal.
However, invoking the plea of prescription for the first time before the Supreme Court is not permitted. This plea is considered a substantive defense and is therefore not subject to the provisions of Article 110 of the Civil and Commercial Procedures Law, which require certain defenses to be raised prior to any other claim or plea.
Principle No. 35
In Commercial Appeal No. 125/2020 – Series A – Judicial Year 21, Page 380.