Section Third: Suspension and Interruption of Prescription

Article 354

Art. 354 - The prescription does not run, and, if it had initially run, is suspended: 1 - Between spouses, during the duration of the marriage; 2 - Between the father or mother and their children; 3 - Between the incapacitated person, the legal entity, and the guardian, curator, or administrator, as long as their mandate has not ended and they have not finally rendered their accounts; 4 - Between the employer and their servants, during the duration of the employment contract.

Article 355

Art. 355 - The prescription period does not run against minors who have not been emancipated and other incapacitated persons, if they do not have a guardian, judicial advisor, or curator, until after their majority, emancipation, or the appointment of a legal representative.

Article 356

Art. 356 - Prescription is also suspended, in a general manner, in favor of the creditor who found himself, for a reason independent of his will, in the impossibility of interrupting it.

Article 357

Art. 357 - Prescription is interrupted: 1 - By any judicial or extrajudicial request, having a certain date, which puts the debtor in default of executing their obligation, even when it is made before an incompetent judge or when the act is declared null due to a formal defect; 2 - By the request for admission of the claim to the debtor's bankruptcy; 3 - By a conservatory act undertaken on the debtor's assets, or by any request in order to be authorized to proceed with an act of this nature.

Article 358

Art. 358 - The limitation period is interrupted by the debtor's acknowledgement of the creditor's right.

Article 359

Art. 559 - When the prescription is validly interrupted, the time elapsed until the interruptive act is not counted for the calculation of the time period necessary for prescription, and this period, which remains unchanged, starts to run again from the moment when the interruptive act has ceased to produce its effect. If the debt has been acknowledged in a document or affirmed by a judgment, the new prescription period is always ten years.

Article 360

Art. 360 - Prescription operates as a means of proof of the debtor's discharge; the presumption of discharge resulting therefrom is irrebuttable and does not admit any contrary evidence.

Article 361

Art. 361 - Prescription extinguishes not only the creditor's action, but the obligation itself which can no longer be invoked in any form, neither by way of action nor by way of exception. However, the debtor who is civilly discharged by prescription remains bound by a natural obligation that may serve as a cause for payment.