Egypt - Time Bars
|Contracts: 15 years||The 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 years||Any 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 days||Invalid 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:-
|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 year||Delivery.||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 years||Obligation date.||Article 68: Law of Commercial|
|Fraud and Criminal Acts||The 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 year||Labour claims have a short limitation period of only a year beginning from the time the contract terminates.||Article 698 Civil Law|
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Mesco Egypt Time Bars Legal.docx (205 KB)
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Italy - Time Bars
Under Italian law, limitation periods depend on the type of claim. For the purpose of the time bars examined in this article, the main statutes are the Civil Code and the Code of Navigation. Time bars are distinguished between prescrizione and decadenza: both cannot be extended or shortened by agreement between the parties, but prescrizione can be protected by a notice of claim which will make a fresh time bar period start to run, whilst decadenza can be avoided only by court action or any other act required by the law or by the contract.