Revised Laws of Saint Lucia (2021)

Section I   The Causes Which Interrupt Prescription

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    2083.   Prescription may be interrupted either naturally or civilly.

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    2084.   Natural interruption takes place when the possessor is deprived, during more than a year, of the enjoyment of the thing, either by the former proprietor or by any one else.

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    2085.   A judicial demand in proper form, served upon the person whose prescription it is sought to hinder, or filed and served conformably to the Code of Civil Procedure when a personal service is not required, creates a civil interruption.

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    Seizures, set-off, interventions, and oppositions are considered as judicial demands.

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    No extra-judicial demand, even when made by a notary, and accompanied with the titles, or even signed by the party notified, is an interruption, if there be no acknowledgment of the right demanded.

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    2086.   A demand brought before a Court of incompetent jurisdiction does not interrupt prescription.

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    2087.   Prescription is not interrupted:

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    If the service or the procedure be null from informality;

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    If the plaintiff abandon his or her suit;

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    If he or she allow peremption of the suit to be obtained;

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    If the suit be dismissed.

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    2088.   Prescription is interrupted civilly by renouncing the benefit of a period elapsed, and by any acknowledgment which the possessor or the debtor makes of the right of the person against whom the prescription runs.

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    2089.   A judicial demand brought against the principal debtor, or his acknowledgment, interrupts prescription as regards the surety. The same acts against or by a surety interrupt prescription as regards the principal debtor.

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    2090.   Renunciation by any person of a prescription acquired does not prejudice his co-debtors, his or her sureties, or third parties.

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    2091.   Every act which interrupts prescription with regard to one of joint and several creditors benefits the others.

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    When the obligation is indivisible, acts of interruption with regard to some only of the heirs of a creditor, benefit the others.

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    If the obligation be divisible, even when the debt is hypothecary, acts of interruption in behalf of some only of such heirs do not benefit the other heirs. In the same case these acts only benefit the other joint and several creditors for the share of the heirs with regard to whom such acts have been done. In order that the interruption should in this case produce the full effect with regard to the other joint and several creditors, it is necessary that the acts which interrupt should have been done as to all the heirs of the deceased creditor.

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    2092.   Every act which interrupts prescription by one of joint and several debtors, interrupts it with regard to all.

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    Acts of interruption with regard to one of the heirs of a debtor, interrupt prescription with regard to the other heirs and joint and several debtors, when the obligation is indivisible.

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    If the obligation be divisible, even when the debt is hypothecary, a judicial demand brought against one of the heirs of a joint and several debtor, or his acknowledgment, does not interrupt prescription with regard to the other heirs; without prejudice to the right of the creditor to exercise his or her hypothec within the proper time on the whole of the immovable property charged for that portion of the debt to which he or she retains his or her right.

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    In the same case, these acts only interrupt prescription with regard to the joint and several co-debtors for the share of the heir who is sued or has acknowledged the right. In order that in this case the interruption should take place for the whole with regard to the joint and several co-debtors, it is necessary that the judicial demand or the acknowledgment should take place with regard to all the heirs of the deceased debtor.

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    Acts which interrupt prescription with regard to the debtor do not interrupt the prescription by a third party holding the immovable property burthened with any charge or hypothec; they affect him or her in the sense that they hinder the extinction by prescription of the debt to which the hypothec is attached.

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    These acts against the holders of other immovables or of other portions of the same immovable, do not prejudice the holder of a separate portion of the property, with regard to whom they have not taken place.

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    When done with regard to one joint holder of undivided property, they interrupt prescription with regard to the others.

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    In natural interruption, however, it suffices that one of the possessors of undivided property, or an heir of one of them should have kept useful possession of the whole in order to secure the advantage of it to the others.