Unofficial translaction
ARTICLE 23-Admission by the debtor of the right of those against whom he asserts
prescriptionshall interrupt the prescriptive period.
Commencing legal proceedings,evenfor provisional measures, shall interrupt the prescription
period and the statute of limitations. The same shall apply when a petition is brought before an
incompetent court or when the referral act of the court is cancelled due to vitiated proceedings.
The interruption shall produce its effects until the extinction of the instance. It shall be null and
void if the claimant withdraws hispetition, letsthe instance expire or if the rejection of such
petition is final.
ARTICLE 24– Enforcement acts shall interrupt the prescriptive period as well as the statute of
limitation.
ARTICLE 25-The filing of a claim against one of the joint debtors through a petition in court
or by an act of enforcement or the acknowledgement by the debtor of the right of those against
whom he would assert prescription shall interrupt the prescriptive period against all others, even
against their heirs.
Claims made against the principal debtor or hisadmission shall interrupt the prescriptive period
with respect to the guarantor.
ARTICLE 26- Judges may raise the claim of prescription on their own motion.
Unless there is a waiver, prescription may always be asserted, even on appeal.
ARTICLE 27- Payment made to settle a debt may not be reclaimed only because the statute of
limitations had expired.
ARTICLE 28-Only an acquired prescriptive right can be waived
Thewaiver of prescription shall be expressortacit. Thetacit renunciation shall be the result of
situationsthat unequivocally establish the intentnot to assertprescription.
Individuals unable to exercise their rights by themselves may not waive the acquired
prescriptive period by themselves.
A creditor or any other person who has an interest inthe application of the prescriptive period
may assert or invoke it even when the debtor waives it.
ARTICLE 29- The duration of the prescriptive period may be shortened or extended by an
agreement of the parties. It may not, however, be reduced to less than one year nor extended to
more than ten years.
Parties may also make additionsto the causes of suspension and interruption of the prescriptive
period by mutual agreement.
OHADA / Uniform Act / Unofficial Translations
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