Prescription Periods in Swiss Law

Civil Law Periods

Ordinary Ten-Year Period (art. 127 CO)

For all claims without a shorter statutory period. Applies to general contractual claims.

Five-Year Period (art. 128 CO)

Rent, capital interest, pension/annuity arrears; food deliveries, inn expenses, maintenance; professional services of artisans, retail merchants, doctors, lawyers and notaries.

Tort Liability (art. 60 CO, revised 2020)

Three years from knowledge of damage and responsible person (relative). Ten years from the harmful act (absolute). Twenty years for bodily harm (art. 60 para. 2 CO).

Sales Warranty (art. 210 CO)

Two years from delivery for movables. Five years for immovables (art. 219 para. 3 CO).

Interruption (art. 135 CO)

By: debt acknowledgment (ch. 1), introduction of enforcement proceedings (ch. 2), filing a conciliation request, lawsuit or mediation request (ch. 2). Interruption starts a new period of the same duration (art. 137 para. 1 CO). If interrupted by enforcement or lawsuit, a new ten-year period begins even if the original was shorter (art. 137 para. 2 CO).

Suspension (art. 134 CO)

The period stops running during: conciliation, litigation, debt enforcement or bankruptcy (art. 134 para. 2 CO).

Criminal Prescription (art. 97 CP)

Varies by offence severity: 30 years for crimes punishable by life imprisonment, 15 years for crimes over three years, 10 years for offences over three years, 7 years for offences up to three years, 3 years for contraventions. Some offences are imprescriptible (art. 101 CP), notably sexual/violent acts against children under 12.

Mandatory Character

The debtor cannot waive prescription in advance (art. 141 CO). Statutory periods cannot be modified by agreement (art. 129 CO). The debtor may waive already-acquired prescription.