Limitation (prescrizione) is the extinction of a right through failure to exercise it within the period set by law. For anyone holding a claim, knowing the deadlines — and how to interrupt them — is the first form of protection.
The ordinary period: ten years
Unless otherwise provided, rights are time-barred after ten years (art. 2946 of the Italian Civil Code). This is the period that applies, for example, to claims arising from supply and service contracts between businesses, to loans between individuals and to claims for breach of contract.
The most common short periods
| Claim | Period |
|---|---|
| Rent, interest and in general periodic payments due annually or more frequently | 5 years (art. 2948 Civil Code) |
| Compensation for damage caused by a tort | 5 years (art. 2947 Civil Code) |
| Fees of professionals (lawyers, accountants, etc.) | 3 years (art. 2956 Civil Code) |
| Action on a promissory note against the issuer / acceptor | 3 years from maturity |
| Action of the holder of a cheque against the drawer | 6 months from the end of the presentation period |
| Services of hoteliers, retailers for goods sold to private individuals (presumptive limitation) | 6 months – 1 year (arts. 2954-2955 Civil Code) |
Presumptive limitation periods deserve a note: they do not extinguish the claim but presume it has been paid; the creditor can overcome them only with specific means of evidence. In certain sectors, formalising the demand in time is therefore even more important.
How the limitation period is interrupted
The limitation period is interrupted by any act that places the debtor in default (art. 2943 Civil Code): in practice a formal demand letter, sent by a means that proves receipt — registered letter with return receipt or certified email (PEC). It is also interrupted by service of a court document and by the debtor's acknowledgement of the debt (art. 2944 Civil Code), even implicit, such as a partial payment or a request for an extension.
From the interruption a new period of the same length starts to run. A formal reminder every few years therefore keeps the claim “alive” indefinitely; a phone reminder or a simple email without proof of receipt, however, is not enough.
Limitation is not raised by the court of its own motion: if the debtor does not plead it, the claim can still be enforced. But it is unwise to count on the debtor's inattention.
What to do in practice
- List open claims with their due date and the applicable period.
- Send traceable formal demands before the period expires.
- Keep proof of sending and receipt.
- If in doubt about the period, ask for a check before taking any initiative.
