Verjaring

Prescription

Prescription is the legal effect whereby a claim or criminal prosecution can no longer be instituted or exercised after the expiry of a statutory period.

Prescription means that, after a certain period, a right or claim lapses because the creditor or aggrieved party has delayed too long in asserting it. This applies both in civil law and in criminal law.

The doctrine of prescription promotes legal certainty and prevents old cases from being brought before the courts years later, when evidence is often no longer available.

In practice, counsel must always verify whether a claim has prescribed before commencing proceedings, as the court may raise prescription ex officio or at the request of the opposing party.

“The plaintiff's claim was time-barred, so the court declared the case inadmissible.”

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