Effect of death on limitation periods: limitation period begins when a legal representative capable of suing exists. Where death precedes accrual of the right to sue, the period of limitation is computed from when a legal representative of the deceased exists and can institute the suit; the same rule applies where the defendant dies before accrual or the right accrues only on the defendant's death. These rules exclude suits for rights of pre-emption and suits for possession of immovable property or hereditary offices.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Effect of death on limitation periods: limitation period begins when a legal representative capable of suing exists.
Where death precedes accrual of the right to sue, the period of limitation is computed from when a legal representative of the deceased exists and can institute the suit; the same rule applies where the defendant dies before accrual or the right accrues only on the defendant's death. These rules exclude suits for rights of pre-emption and suits for possession of immovable property or hereditary offices.
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