How does the prescription system work in civil matters in Switzerland, and what is the time limit to bring legal action?
In Switzerland, prescription is a legal concept that indicates the maximum duration within which a person can bring legal action. Prescription is provided to prevent disputes from dragging on and to ensure legal certainty.
The prescription period depends on the type of claim or damage for which legal action is being considered. In general, the prescription period for civil actions is 10 years. This means that if legal action is not taken within 10 years of the event that caused the harm, claim or damage, it will be time-barred.
However, there are shorter prescription periods for certain types of claims or damages. For example:
– The prescription period for salary claims is 5 years;
– The prescription period for damage to a vehicle in a road accident is 2 years;
– The prescription period for sales contracts is 5 years.
It is important to note that the prescription period can be interrupted by legal action or ongoing negotiations between the parties. In such cases, the time limit starts anew.
It is therefore important to respect the prescription period to avoid the claim or damage becoming time-barred. If you are considering legal action, it is recommended to consult a lawyer to determine the applicable prescription period and available options.