UNCLP UN Limitation Convention (1974)
UNCLP
UN Limitation Convention (1974)
Zivilrecht
Int. Privat- & Wirtschaftsrecht
- The principal consequence of the expiration of the limitation period is that no claim will be recognized or enforced in legal proceedings commenced thereafter. The expiration of the limitation period will not be taken into consideration in legal proceedings unless it is invoked by a party to the proceedings. However, in light of views expressed at the diplomatic conference that adopted the Convention that the limitation or prescription of actions was a matter of public policy and that a court should be able to take the expiration of the limitation period into account on its own initiative, a Contracting State is permitted to declare that it will not apply that provision. No State has thus far made such a declaration.
- Even after the limitation period has expired a party can in certain situations raise his claim as a defence to or set-off against a claim asserted by the other party.
Source: © United Nations
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