Changes to various legal provisions governing statutes of limitations came into effect on January 1, 2020.
One of these provisions concerns Article 60 of the Code of Obligations, specifically paragraph 1, which addresses the statute of limitations for claims for damages or for the payment of an amount of money as moral compensation.
A claim for damages is a civil action that allows the victim to seek compensation for harm suffered to their property or well-being. When the conditions for civil liability outlined in Article 41, paragraph 1 CO are met—namely, damage, unlawful act, causal relationship, and fault—the victim is entitled to demand compensation from the responsible party.
The amendment to Article 60, paragraph 1 CO notably extends the limitation period.
Specifically, this provision establishes two limitation periods for claims for damages or for the payment of money as moral compensation: a relative period of one to three years (since January 1, 2020), and an absolute period of ten years, which remains unchanged.
The relative limitation period begins to run from "the day the injured party became aware of the damage as well as the person liable for compensation." This means the victim has three years from learning of these two cumulative elements (the damage and the responsible person) to file a lawsuit. As long as the victim does not have this information, the limitation period does not begin.
Regarding the calculation of the absolute ten-year limitation period, it starts from "the day the harmful event occurred or ceased." This period is absolute because after ten years have elapsed, the action is barred, even if the victim has not yet fully identified their damage or the responsible person.
It is still possible to interrupt the limitation period (e.g., through an acknowledgment of debt—Article 135, paragraph 1 CO), which triggers a new limitation period of the same length as the previous one (Article 137, paragraph 1 CO).
Would you like more information on this topic? The Valentin Legal Consultation will be pleased to welcome you at their office located at 1 Rue du Valentin, 1004 Lausanne, to provide advice and answer your questions. We are also reachable by phone at 021 351 30 00 and by email at info@cjdv.ch.
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