
Contents
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I. Introduction I. Introduction
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II. General limitation period, Art 10.2(1) II. General limitation period, Art 10.2(1)
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1. Actual knowledge 1. Actual knowledge
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(a) Facts as a result of which the right of the obligee can be exercised (a) Facts as a result of which the right of the obligee can be exercised
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(b) Facts and not law (b) Facts and not law
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(c) Facts known by the obligee (c) Facts known by the obligee
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2. Constructive knowledge 2. Constructive knowledge
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3. Ignorance as a ground for postponement of commencement, rather than for suspension 3. Ignorance as a ground for postponement of commencement, rather than for suspension
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4. Burden of proof 4. Burden of proof
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III. Maximum limitation period, Art 10.2(2) III. Maximum limitation period, Art 10.2(2)
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IV. Computation of time IV. Computation of time
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1. Starting point 1. Starting point
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2. Meaning of ‘year’ 2. Meaning of ‘year’
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3. Official holidays, non-business days, and time zones, Art 1.12 3. Official holidays, non-business days, and time zones, Art 1.12
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Cite
Abstract
This commentary analyses Article 10.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning ‘limitation periods’. Art 10.2 stipulates that the general limitation period is three years beginning on the day after the day the obligee knows or ought to know the facts as a result of which the obligee's right can be exercised. The maximum limitation period is ten years beginning on the day after the day the right can be exercised. This commentary discusses the general limitation period under Art 10.2(1) based on the obligee's actual or constructive knowledge; ignorance as a ground for postponement of commencement, rather than for suspension, of the general limitation period; burden of proof in relation to the date of knowledge relevant for commencement of the general period; maximum limitation period under Art 10.2(2); and computation of time, taking into account the meaning of ‘year’, official holidays, non-business days, and time zones.
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