NOTICIAS

When does the period expire to claim debts?

26ene.

Property Law and Tax Issues

 The period of expiration of actions has been reduced 

The last modification of the Civil Code Law 42/2015 has reduced the period of expiration of actions without special deadline from 15 years of the previous regulation, to the last 5 years. Concretely its article 1964.2 was modified, on the 7th of October 2015, and we share the details of the modification.

It was quite pacific in our legislation that for example the community fees have no special expiration period, since they could not be included in any of these cases that specifically describes our Civil Code, therefore it had always been considered that the community fees expire after 15 years, without prejudice of the interrupted actions of the expiration.

This reduction of the period made effective with the new law has been misinterpreted by some as an automatic expiration of those debts which have not been claimed in the last 5 years.

We answer an important question:

-¿Have the community fees which have not been claimed in the last 5 years expired?

No, because the Civil Code expressly clarifies the question indicating that this legal reform will not be applied retrospectively, therefore, those community fees which at the time of accrual were subject to the previous period of 15 years will still be regulated by the former law until 5 years have passed since the new law established.

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