The debts prescription is a very current topic and it always arouses great interest, as creditors are authorized to exercise the right to demand payment within a time period identified by the law.
But when are the debts due?
Let’s find out.
Once this period has elapsed without the creditor having exercised the right to obtain payment, here is where the debts can be withdrawn or the end of the creditor’s right to demand a specific payment from the debtor.
The debts prescription is regulated by the art. 2934 of the civil code, which establishes the extinction of rights by prescription when the owner does not exercise them for the time determined by the law. As for the prescription of a debt, it is also very important to remember that it cannot be taken over automatically by the Judge, and this implies that the debtor must promptly contest the course of time in order to enforce the debt prescription. .
If instead the debtor had made the payment of debts already prescribed, he will no longer be able to enforce the prescription thereof. The prescription of bank debts (and non) does not cover all the rights, as according to the art. 2934 the unavailable and other rights indicated by the law are not subject to prescription.
However, there are also unavailable and non-statutory rights such as ownership, actions for the recognition of inheritance, those relating to paternity disputes, filial recognition and claims for the division of heirs.
According to the Italian legal system, the 10-year ordinary debts prescription concerns the credits for which the law does not provide otherwise, while for all other types of credits the short 5-year prescription applies.
The debt limitation period starts from the day on which the right can be asserted and ends with the conclusion of the last day
To calculate the terms of the statute of limitations debts with precision, it would be enough to use a common calendar and include in the calculation also holidays and Saturdays but not the day on which the prescription starts to run.
If, on the other hand, the debt limitation period falls on a public holiday, the right will be extended to the next non-working day.