Maxim 8.5.12
No prescription runs against a person unable to bring an action.
Contra non valentem agere nulla currit praescriptio.
Source: Jackson; Weisman, 75z; Weisman, 99d
Difficulty 2/5 — Approachable
Explanation
The statute of limitations does not run against one who is legally incapable of suing — minority, imprisonment, insanity, or other disability tolls the prescriptive period.
Where this applies
- I was in prison during the time I should have filed my claim — the clock shouldn't run against me.
- A minor can't sue until they reach legal age — the limitation period should be paused.
Legal domains
Cite this maxim
NeCede Max. 8.5.12 — No prescription runs against a person unable to bring an action. — Jackson; Weisman, 75z; Weisman, 99d (Contra non valentem agere nulla currit praescriptio.)
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