In Spain, there are different regional laws concerning the Civil Law. Therefore there is general Spanish law, and the law in our Region (Valencia).
Here we refer to general Spanish law.
Spanish law in the Civil Code also distinguishes between the terms Prescription (“Prescripción”) and Expiration (“Caducidad”). The main differences between those terms is an action subject to Prescription means that the time limit can be stopped by a burofax or acknowledgement by the accused and then start again from that date, whereas Expiration is a set legal time limitation period.
Here I explain the time limitation periods that generally apply under the Civil Code or Prescription.
An employee must lodge an application with the relevant Tribunal or Court within 20 working days (art. 59.3 Statue of
Workers Rights) otherwise they lose a right to be able to claim for dismissal or redundancy. For salary, they have one year.
Contracts and debts
A party loses its right to enforce payment of a debt or completion of a contract unless a court action or proceedings are commenced in Court within 5 years now, previously 15 years (it changed in 2015) and there are some exceptions.
Personal Injury and death claims
The Civil Code in Spain dictates that claims have to be within the relevant period. Each crime has different prescription periods.
If you would like to check whether your case is still valid, please let us know and we would be happy to help.