Explanation of Article 232
This article addresses the statement of "interruption of prescription," which means that the elapsed period of prescription is nullified, and a new period begins to be calculated. The article stipulates that the interruption of prescription occurs in two cases:
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First: If the "creditor demands the debt," which means that the creditor demands the debt, whether judicially or non-judicially. For example, if the creditor files a lawsuit to claim the debt or sends a warning to the debtor, in this case, the prescription is interrupted, and a new period begins to be calculated.
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Second: If the "debtor acknowledges the debt," which means that the debtor acknowledges the debt, whether explicitly or implicitly. For example, if the debtor pays part of the debt or requests a grace period to fulfill the debt, in this case, the prescription is interrupted, and a new period begins to be calculated.
It is worth noting that the interruption of prescription leads to the nullification of the elapsed period of prescription, and a new period begins to be calculated. For example, if the prescription period is ten years, and five years have elapsed, then the prescription is interrupted, a new period of ten years begins to be calculated.
This article is considered one of the most important articles related to the interruption of prescription, and it clarifies the impact of the interruption of prescription on the obligation.
Related To
Article 232
Any settlement concluded by a solidary debtor with the creditor shall be enforceable against the other debtors, unless the settlement establishes a new obligation against them or increases their existing obligation; in such case, the settlement shall not be enforced against any debtor without his ratification.