To determine whether a debt can be claimed, it is not enough to count the years since the invoice. The action, applicable law, starting point and steps that may affect the period must be identified. The general Spanish Civil Code and Catalan civil law contain different rules, as well as special limitation periods.
Identify what is being claimed
Rent, an invoice for services, compensation for damage and repayment of a sum are not analysed in the same way. The agreement, origin of the debt and specific relief sought help determine which rule must be considered.
Under general Spanish civil law, Article 1964 provides five years for certain personal actions without a special period. Under Catalan law, there is a general ten-year period alongside cases subject to shorter periods, such as those set out in Article 121-21. None of these figures can be applied before the claim has been classified.
Determine which law governs
A party's current residence is not enough, by itself, to select the legal regime. The legal relationship, its connections and the rules determining the applicable law must be considered. Additional rules may apply in international relationships.
The date when the debt arose and any transitional provisions also matter. An amended rule must not be applied to every old debt without checking how it operates over time.
When the period starts running
The starting point depends on when the action can be brought and the requirements of the relevant rule. For obligations with successive due dates, each period may need to be examined. An invoice's issue date and its enforceable due date are not always the same.
Prepare a chronology covering the agreement, performance, due date, payments, acknowledgements and demands. Keep the complete documents and evidence of receipt of relevant correspondence.
Interruption, suspension and expiry
An out-of-court demand or an acknowledgement may be relevant if it meets the applicable requirements. The recipient, content, date and evidence must be checked. It should not be stated that any follow-up message restarts every period.
The legal concepts of expiry (caducidad) and limitation (prescripción) are different. Nor does informal negotiation justify assuming that every action remains available. If a deadline is approaching, review the necessary steps before continuing to exchange proposals.
Frequently asked questions
Does an old debt automatically disappear from the file?
Age should not be equated with a legal conclusion. The action, period and effects of the steps taken must be examined.
Does sending a burofax always preserve the claim?
Not necessarily. As well as proving dispatch, it is necessary to assess whether it meets the requirements and has the effects relevant to that action.
Our civil law service can review the chronology and documents. This guide does not calculate the limitation period for an individual debt.
