Civil & Commercial Litigation
Limitation Period
The limitation period attaches effects to the passage of time. Nature of the right, due date, and acts guide the calculation of the period.
Lexicon
Litigation & Advisory
Forfeiture
Forfeiture is the loss of the possibility to exercise a procedural right due to failure to act within the required time. It can prevent the examination of a request even when the file raises a serious question on the merits.
To avoid a calendar error, identify the received act, its mode of transmission, the starting point, and the step that must be taken. Do not replace this work with a number of days found in another file. An ongoing amicable discussion should not be assumed to suspend or interrupt the deadline without verified basis.
The proof to be retained must correspond to the required act: a step taken with the wrong interlocutor does not necessarily demonstrate that the deadline has been respected. Note the date of receipt, then have the calculation method and expected formality verified.
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Other Associated Definitions
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Civil & Commercial Litigation
Appeal of a judgment
An appeal allows the re-examination of a judgment. Concerned decision, deadline, and proof of notification: points to identify before an appeal.
Civil & Commercial Litigation
Objection to a payment order
The objection allows contesting a conditional payment order. Understand where to act, what reasons to present, and what to keep.
Litigation & Advisory
Service by Bailiff
Service officially brings an act to the recipient's attention. Keeping the complete act allows for examining deadlines.