Termination of a legal assistance contract. The beginning of the limitation term

DREPTUL AFACERILOR/ASPECTE DE DREPT PROCESUAL

Abstract

In the case of contractual obligations to give or perform, the limitation term starts to run from the date when the obligation becomes due and the debtor had to fulfil it; in the absence of a time limit stipulated by the parties or determined in the contract, of the practices established between them or of the customs, the obligation must be fulfilled immediately.

As there was no deadline stipulated by the contracting parties for the fulfilment of the obligations assumed by convention by the defendant-respondent, the civil obligation became due on the date of completion of the contract whose resolution is requested, it must be fulfilled immediately, the holder of the right to action having knowledge of its running.