Egypt - Time Bars

Date: 18/01/2017
Author: Tarek Mady
Source: Mesco
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What limitation periods apply to bringing a claim?What triggers a limitation period?Law Articles
Contracts: 15 yearsThe term of prescription for obligations is fifteen years with the exception of those cases for which a special provision is contained in the law.Article 374 Civil Law
Tort: 3 yearsAny claim in tort will be time barred three years from the date that the person who suffered the loss knew of the injury / the damage and the identity of the person who was responsible. . Any claim in tort is prescribed in any case after fifteen years from the date on which the unlawful act was committed. However, if the act constitutes a crime and the criminal case is still pending before the court even after the lapse of three years, the time will be extended until the date on which the criminal case is determined or is lapsed. In the case of other specific laws, the time bar period can less than three years depending upon the act or omission involved. In Law No.8 of 1990 (the Maritime Code for example, claims for compensation arising out of a marine collision are time-barred after two years from the date of the incident.Article 172 Civil Law
Contracts of Carriage: 2 years

A maritime claim pursuant to a contract of carriage will be time barred after two years from the date on which the goods were delivered or ought to have been delivered. Delivery of the goods is considered to be the time when the goods pass through the port gates. Time stops running on the date the action is officially filed before Egyptian Court, which date is reflected on the court summons. However, any recourse action against a third party by a person against whom a claim has been made will be time barred after the expiry of 90 days from the date the claim was made or from the date on which the claim was paid ( Article 244 ) . There are also time bar provisions for other shipping activities within the Maritime Code, e.g. a two years’ time-bar in bareboat charter party claims (Article 167), two years in pilotage and towage claims (Articles 291 and 281), two years in marine collision claims (Article 301) and two years for marine insurance claims (Article 372).

Article 244 Commercial Maritime Law
Agency: 90 daysInvalid termination. All other actions resulting from the contract agency deeds shall abate with the lapse of two years from termination of the contractual relation.Article 190 Law of Commercial
Insurance: 3 years

Prosecutions resulting from the insurance contract shall abate by prescription with the lapse of three years from the time the accident occurs generation these prosecutions. However this term shall not apply in the following cases:-

  1. In case of concealing information related to insured risk, or submitting incorrect or inexact particulars about that risk, except from the day the insurer’s party knew of it.
  2. In case the insured accident occurs, except from the day those concerned knew of its occurrence.
Article 752 Civil Law
Latent damage claims (for negligence claims excluding personal injury): 3 years The relevant provision is contained in Article 172 of Egyptian civil code and applies to claims in general three year limitation runs from the date that the person who suffered the loss knew of the injury / the damage and the identity of the person who was responsible.
This provision is, however, subject to a long‐stop: there is an exception for negligence actions involving personal injuries the time will be extended until the date on which the criminal case is lapsed or determined by final judgment.
No claim may be brought more than 15 years after the occurrence of the act/omission alleged to constitute the negligence ﴿.
Article 172 Civil Law
Sale: 1 yearDelivery.Article 452 Civil Law
Cheques: claims before civil court is 6 months , claims before criminal court is 3 years. The action for the cheque bearer’s recourse against the drawer, the endorsers, and other obligors who are committed to pay the check amount shall prescribe with the lapse of 6 months from the date of presenting the check for honouring, or the expiry date of the period during which it shall be presented.
It has to be noted that Bounce cheque as a crime (misdemeanour) shall terminate with passing three years.
Article 53l & 534 : Law of Commercial
Commercial Contracts: 7 yearsObligation date.Article 68: Law of Commercial
Fraud and Criminal ActsThe penal litigation shall terminate with passing ten calendar years in the felonies' articles and also with passing three years in misdemeanours' articles and a year in violations' articles starting from day of committing the crime.
As to Fraud the running of applicable time (three years) shall start from the date of committing the fraud act ( The claimant bears a burden of proof to show that it could not have discovered the true position without exceptional measures which it could not reasonable have been expected to take ) . In case of using a fraudulent instrument while knowing of its fraud, the running of applicable time (three years) shall be from the date on which the user stops using the fraudulent instrument.

Article 15 Penal Procedures Law
Employment: 1 yearLabour claims have a short limitation period of only a year beginning from the time the contract terminates. Article 698 Civil Law

Tarek Mady
Lawyer
Mesco Legal Dept.
Mobile : ++20 1001493480
Tel: ++20 3 4854002/4861445/4854001
Fax: ++20 3 4874435 / 4838476

About the Author

Tarek Mady is a qualified Lawyer licensed before the Egyptian High Courts of Cassation / Constitution; Along with his 30 years of experience, he now manages the MESCO Legal Department since 2007 and deals with all aspects of P&I Claims. Having graduated with a law degree from Alexandria University, he served as Military Prosecutor at the Navy, during that time he had obtained high degrees in Shipping Law from Arab Academy for Maritime Transport.

Our team provides legal advice to clients in the international shipping industry. With a team that has the expertise of dealing with H&M, P&I, cargo and freight and owner charter issues. We have managed to build a list of clients where our team has proven it can operate 24/7, with a quick response, to today’s clients’ needs. Lastly providing up to date advice and consultancy in all aspects of the Egyptian jurisdiction.


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