Litigation & Advisory
Forfeiture
Forfeiture can prevent the exercise of a right after a deadline. Received act, starting point, and required step must be identified.
KM Legal est une étude d’avocat au Luxembourg fondée par Maître Katarzyna Martin, Avocate à la Cour. Elle accompagne entreprises, dirigeants, salariés et particuliers en droit du travail, droit des sociétés, immigration, mobilité internationale et sécurité sociale, ainsi qu’en conseil et contentieux.
Civil & Commercial Litigation
The limitation period is a mechanism by which the passage of time can result in the acquisition or loss of a right according to the conditions set by law. In terms of recovery, it notably requires verifying since when an action can be exercised.
Do not retain a single period for all claims. Identify the nature of the obligation, its due date, and the acts that have occurred since. Acknowledgment, payment, or legal action must be analyzed in their context. The limitation period is distinct from foreclosure, even if both can raise a timing issue.
The first step is to establish a complete chronology, then to qualify the acts that may have affected the period. An amicable reminder and a court referral do not necessarily have the same effects. The applicable period must be sought for the specific right in question.
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Litigation & Advisory
Forfeiture can prevent the exercise of a right after a deadline. Received act, starting point, and required step must be identified.
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Service officially brings an act to the recipient's attention. Keeping the complete act allows for examining deadlines.