The period has two layers that operate together — a two-year discovery period and a ten-year long-stop. A third possibility arises where the act constitutes an offence.
The provision: Article 72 of Law No. 6098
“A claim for compensation is subject to limitation on the expiry of two years from the date on which the injured party became aware of the damage and of the person liable and in any event ten years from the date on which the act was committed. However, where the compensation arises from an act requiring a penalty for which the criminal laws provide a longer period of limitation, that period shall apply.”
Three periods, three functions
| Period | Runs from | Function |
|---|---|---|
| 2 years | Awareness of the damage and of the person liable | The short period — the one that usually operates |
| 10 years | The date of the act | An absolute ceiling — cannot be exceeded however late awareness comes |
| Criminal limitation | Under the criminal laws | Where longer, that period applies |
For the two-year period to begin, two facts must be learned together: the damage itself and the identity of the person liable. Learning only one does not start time running.
The third possibility: an extended criminal limitation period
This provision often operates in press cases. Where a report constitutes an offence and the limitation period for that offence exceeds two years, the claim for damages is subject to that longer period.
| Act | Penalty | Effect |
|---|---|---|
| Insult (Criminal Code Art. 125/1) | 3 months to 2 years’ imprisonment or a judicial fine | The criminal limitation period may exceed the two years in the Code of Obligations |
| Disclosing images or sounds relating to private life (Art. 134/2) | 2–5 years’ imprisonment | The same |
| Disclosing communications content (Art. 132/2) | 2–5 years’ imprisonment | The same |
| Publicly disseminating misleading information (Art. 217/A) | 1–3 years’ imprisonment | The same |
Do not confuse this with the period for a criminal case
The period for bringing a criminal case for an offence committed through the press is entirely different and much shorter. Under Article 26 of Law No. 5187, criminal cases must be brought, as a condition of prosecution, within four months for daily periodicals and online news sites, and six months for other printed works.
| Type of case | Period | Character |
|---|---|---|
| Criminal case (press offences) | 4 months / 6 months | Law No. 5187, Art. 26 |
| Damages claim | 2 years / 10 years / criminal limitation | Law No. 6098, Art. 72 |
| Correction and reply request | 2 months (print, online), 60 days (radio and television), 7 days (TRT) | Law No. 5187 Art. 14; Law No. 6112 Art. 18; Law No. 2954 Art. 27 |
Assignment and inheritance of a claim for non-pecuniary damages
Article 25(4) of the Civil Code sets an important limit: “A claim for non-pecuniary damages may not be assigned unless accepted by the other party; it does not pass to the heirs unless asserted by the deceased.”
So where a person has not asserted the claim before their death, their heirs cannot continue it. Relatives may bring an action only by asserting that their own personality rights have been injured.
Venue
Article 25(5) of the Civil Code gives the claimant a choice: “A claimant may bring an action for the protection of personality rights in the court of their own domicile or that of the defendant.” That is a convenience which spares a claimant having to travel to where the publisher is based.
Suspension and interruption
Suspension and interruption of limitation are governed by the general provisions of the Code of Obligations. Assessing whether time has run in a particular file requires those provisions to be examined as well; take that assessment with your lawyer.
The scope of damages is covered in the damages guide and the criminal case period in the filing deadline guide.