La Barbri Liberative Prescription

Front 1

Liberative Rx

1

Back 1

barring of an action b/c of the passage of time

Front 2

Acquisitive Rx

2

Back 2

mode of acquiring o’ship or another real right in a thing by virtue of possession

Front 3

Rx of Non-use

3

Back 3

method by which a real right other than o’ship is extinguished b/c it’s not exercised

Front 4

Prescription Commences

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Back 4

day a cause of action arises & its judicial enforcement is possible
• If computed in days, the day that marks the commencement of Rx isn’t counted
• The last day of the period counts unless it is a legal holiday
• If consists of 1+ yrs, accrues upon expiration of day of last yr corresponding w/date of commencement

Front 5

Parties Can’t

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Back 5

exclude it or make it longer or more onerous. (but may shorten)

Front 6

Renunciation

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Back 6

can’t renounce until it has accrued

Front 7

2yrs For

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Back 7

Delictual Obligations for crimes of violence – from day of injury/damage is sustained

Front 8

3yrs For

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Back 8

(1) past due rent
(2) merchants’ open accounts (commences when payment is exigible)
(3) money lent
(4) compensation for services rendered

Front 9

5yrs For

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Back 9

promissory notes (negotiable or not) &
negotiable instruments (commences when debt is exigible) &
Actions against prof engineers, licensed archs, and real estate developer
& action to set aside a document on ground that mandate lacked authority
• If payable in installments, Rx runs on each installment, not on the note as a whole.
• If there’s no provision allowing the holder to declare the remaining installments due upon default, each monthly installment will become enforceable on a rolling basis (5yrs a/f each one is due)

Front 10

10yrs For

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Back 10

Actions on Contract, brought by Arch board against non-licensed contracts or architects

Front 11

30yrs For

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Back 11

Recognition of Succession or Action for Student Loans

Front 12

Interruption

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Back 12

time run doesn’t count & commences to run anew from last day of interruption UPON:
• filing suit in ct of competent J & venue
• acknowledgment (one acknowledges right of person a/g whom it commenced)
• May occur in many ways→ verbally, writing, partial payment, paying interest, pledging security
• Law’s liberal w/re: to acknowledgment. Lots of things acknowledge, but renunciation must be express

Front 13

Suspension

Back 13

the period of suspension is not counted towards accrual, but it commences to run again upon termination of suspension.
• suspended between: (1) spouses during marriage & (2) anyone with custodial authority for that period. In favor of minors during minority for: (1) annulment of a testament; (2) reduction of an excessive donation, and (3) and rescission of a partition
• judicial suspension: contra non valentum
• special emergency suspensions: 8/26/05 and 1/3/06. Those periods will now accrue on 1/4/06.

Front 14

Peremption

Back 14

the right (and not just the remedy) is extinguished by the passage of time