How to calculate prescription and forfeiture terms in Italian civil law

The steps

1. 1.

   Identify the starting day (dies a quo)

   The first step is to identify the moment the right can be enforced (art. 2935 c.c.). This is the "dies a quo". When calculating substantive terms, the rule of art. 2963 c.c. applies: the initial day is not counted. The count starts from the day following the generating event. For example, if a traffic accident occurs on March 15, the prescription term starts running on March 16. It is essential to accurately ascertain the date of the event or the obligation's maturity by consulting contractual documents or official reports.

2. 2.

   Determine the duration and type of term

   You must verify the duration of the term applicable to the specific case by consulting the Civil Code or special laws. Ordinary prescription is ten years (art. 2946 c.c.), but short prescriptions exist (e.g., five years for tort damages, art. 2947 c.c.). Terms can be expressed in days, months, or years. This distinction is crucial because it changes the calculation formula. Do not confuse substantive terms with procedural ones, which follow different rules such as the summer recess suspension, inapplicable to prescription and forfeiture.

3. 3.

   Calculation in months or years

   If the term is in months or years, the "ex nominatione dierum" computation applies (art. 2963, paragraph 4, c.c.). The term expires on the day of the expiration month corresponding to the day of the initial month. Example: a right subject to a five-year prescription arising on May 10, 2020, prescribes at midnight on May 10, 2025. If the expiration month lacks the corresponding day (e.g., a one-month term from January 31), the term expires on the last day of the expiration month (February 28 or 29).

4. 4.

   Handling public holidays

   Art. 2963, paragraph 3, c.c. establishes that if the expiration day (dies ad quem) is a public holiday, the term is automatically extended to the next non-holiday. To verify public holidays, refer to the common calendar and national holidays recognized by law. Warning: Saturday is considered a working day (feriale) for civil substantive terms. Therefore, if a prescription expires on a Saturday, there is no extension to Monday, unlike what often happens for procedural terms.

5. 5.

   Calculating suspension and interruption

   Prescription can be interrupted (art. 2943 c.c.) or suspended (art. 2941 c.c.). If interrupted (e.g., by an extrajudicial cease and desist letter), the calculation restarts from zero from the day following the interrupting act. If suspended (e.g., due to relations between spouses), the suspension period is not counted. Formula for suspension: calculate the days elapsed before the suspension cause, calculate the remaining days of the original term, and add them starting from the day after the suspension cause ceases. Forfeiture, as a rule, is not subject to interruption or suspension.

Legal basis: Artt. 2934 ss. c.c. (Della prescrizione)Artt. 2964 ss. c.c. (Della decadenza)Art. 2963 c.c. (Computo dei termini)Art. 2935 c.c. (Decorrenza della prescrizione)Art. 2943 c.c. (Interruzione da parte del titolare)