Revised Laws of Saint Lucia (2021)

Section II   The Causes Which Suspend The Course Of Prescription

  1.  

    2093.   Prescription runs against all persons, unless they are included in some exception established by this Code, or unless it is absolutely impossible for them in law or in fact to act by themselves or to be represented by others.

  1.  

    Saving what is declared in article 2131, prescription does not run, even in favour of subsequent purchasers, against those who are not born, nor against minors, nor against persons of unsound mind, with or without tutors or curators.

  1.  

    Prescription runs against absentees as against persons present and by the same lapse of time, but this rule is without prejudice to the right of taking provisional possession of the estate of an absentee, as established by this Code. (Amended by Act 34 of 1956)

  1.  

    2094.   Husband and wife cannot prescribe against each other in respect of the rights to which they are entitled by virtue of the community or of their marriage covenants. (Substituted by Act 34 of 1956)

  1.  

    2095.   Save as provided in article 2094, prescription runs against a married woman as if she were unmarried. (Substituted by Act 34 of 1956)

  1.  

    2096.   Neither does prescription run against the wife during marriage, even in favour of subsequent purchasers, with respect to dower and other rights of survivorship, nor with respect to the preciput or other distinct rights which she can only exercise by accepting or renouncing, after the dissolution of the community; except that if, in either case, the community has been dissolved during the marriage, prescription begins against the wife, as regards the rights which she may then exercise in consequence of such dissolution.

  1.  

    Saving what is excepted in the present article, prescription acquired or which has run against the property of the community affects the share of the wife who accepts.

  1.  

    2097.   Prescription of personal actions does not run:

  1.  

    With respect to debts depending on a condition, until such condition happens;

  1.  

    With respect to actions in warranty, until the eviction takes place;

  1.  

    With respect to debts with a term, until the term has expired.

  1.  

    2098.   Prescription runs against a vacant succession. (Substituted by Act 34 of 1956)

  1.  

    2099.   It runs during the delays for making an inventory and deliberating.

  1.  

    2100.   The particular rules concerning the suspension of prescription with regard to joint and several creditors and their heirs are the same as those concerning interruption in like cases, explained in the preceding section.