Traffic accident
- Input
- Data do acidente: 2021-03-15
- Expected output
- Prescrição: 2024-03-15 (3 anos)
If filed after that date without interruption, the claim may be barred.
Carregando ferramenta… / Loading tool…
civil prescription tort damages 3 years CC art 206
Tort claims prescribe in 3 years (CC art. 206 §3º V), counted from when the victim became aware of the damage and its cause, not necessarily from the event date.
If filed after that date without interruption, the claim may be barred.
Actio nata applied: period runs from awareness, not from the event.
The general period is 10 years, set out in art. 205 of the Civil Code, and applies to claims that have no specific statutory period, including contractual civil liability, per settled STJ case law. Whenever a situation does not fit the special periods of art. 206 or a dedicated law, this ten-year period applies. It runs from the violation of the right (actio nata).
Prescription extinguishes the claim (action); forfeiture extinguishes the right itself. Forfeiture is not suspended or interrupted (CC art. 207).
No. Decree 20.910/1932 sets 5 years for claims against public entities (STF RE 669.069, general repercussion).
Educational estimate. Civil prescription rules vary by claim type. Consult an attorney.
CC art. 205