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Civil Law

Explanation of Article 231

Explanation of Article 231

This article addresses the explanation of "suspension of the statute of limitations," which means that the calculation of the limitation period is halted without eliminating the time that has already passed. The article stipulates that the suspension of the statute of limitations occurs in two cases:

  • First: If there is a "legal impediment," which means that there is a legal barrier preventing the creditor from claiming the debt. For example, if the creditor is a minor, insane, or mentally incapacitated, in this case, the calculation of the limitation period is halted and does not begin until the impediment is removed.

  • Second: If there is a "material impediment," which means that there is a physical barrier preventing the creditor from claiming the debt. For example, if the creditor is in prison, at war, or in a natural disaster, in this case, the calculation of the limitation period is halted and does not begin until the impediment is removed.

It is worth noting that the suspension of the statute of limitations does not lead to the elimination of the time that has passed; rather, it leads to the halting of its calculation. For example, if the limitation period is ten years, and five years have passed, then the calculation is halted for two years, and the impediment is removed, the remaining limitation period is three years.

This article is considered one of the most important articles related to the suspension of the statute of limitations, as it clarifies the impact of the suspension on the obligation.

Related To

Article 231

  1. A solidary debtor shall, in the performance of an obligation, be liable only to the extent of his actions.

  2. If the creditor notifies a solidary debtor or files a judicial claim against him, this shall have no effect on the other solidary debtors. If, however, a solidary debtor notifies the creditor, the effect thereof shall extend to the remaining debtors.