prescriptioninterruption of prescriptionabsolution from the instanceagreement of salecancellation
Tags
prescriptionagreement of saleimmovable propertydamages
legislation
Statutes Cited
Prescription Act [Chapter 8:11]
Prescription Act [Chapter 8:11]
Prescription Act [Chapter 8:11]
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether prescription was interrupted by the earlier litigation that resulted in absolution from the instance","issue_type":"law","dispositive":"yes","related_facts":"First summons issued in 2005, absolution granted in 2014, fresh summons in 2017"}
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background
Facts of the Case
Background
The plaintiff claimed damages arising from cancellation of an agreement of sale for immovable property. The defendant raised a special plea of prescription, arguing the claim prescribed in August 2008, three years after the agreement was cancelled in August 2005. The plaintiff contended prescription was interrupted by earlier litigation that resulted in absolution from the instance in December 2014.
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