Prescrizione

What payments are due in 6 months?

Credit rights must be exercised within a certain period of time, otherwise they lapse due to the statute of limitations.
The ordinary limitation period is 10 years, necessary for the forfeiture of numerous rights, but there are numerous exceptions.
The longest prescription is that of real rights on other people's property (such as usufruct) and real rights of guarantee, which are prescribed in 20 years.
The time required changes depending on the right in question, the usefulness of the prescription and common uses, but also on the type of prescription.
In fact, there are credits that expire in much less time, from 5 years to 1 year.
Then there is the exception within the exception, payments that are prescribed in just 6 months due to their particular characteristics.
Payments that are prescribed in 6 months are strictly outlined by the Civil Code and, due to their functionality, also have some peculiarities.
This is because the 6 month prescription is presumptive.
Here's what you need to know.
Which payments are prescribed in 6 months Article 2954 of the Civil Code is specifically dedicated to the 6-month prescription, which concerns the right to payment of innkeepers and hoteliers for the provision of food and accommodation.
The same rule applies to the right to credit of anyone who, in the exercise of their professional activity, provides accommodation to clients (with or without a pension).
To avoid any type of misunderstanding, we must refer to the definitions of the Civil Code.
The hotelier is someone who carries out a professional business activity, providing accommodation and meals.
The innkeeper, on the other hand, manages a place with catering service and wine supply.
Therefore, the hotel and restaurant bill is due in 6 months, even if this does not mean that the credit is extinguished.
As anticipated, the six-monthly prescription is presumptive.
read also Which payments become statute barred before 5 years? The list 6-month prescription, starting date, effects and interruption The presumptive prescription does not extinguish the credit, but ensures that by law it is presumed that it has been paid.
Mainly, this is because proving the payment would be very difficult after time.
Consolidated customs and habits, then, normally provide that this credit agreement is completely informal, without payment deferral or written receipt.
Otherwise, it would be all too easy for a restaurant or hotel to sue its customers for payment already made, without them being able to prove it and therefore losing the case.
With the presumptive prescription, if 6 months have passed from the day on which the restaurateur or innkeeper was waiting for payment (usually at the same time as the service rendered) the customer does not have to defend himself in any way, he just needs to plead that the prescription has occurred which gives rise to the presumption the payment.
The creditor, however, does not lose any opportunity to defend himself.
You can still demand payment of the bill after 6 months, but to obtain a judgment you must provide proof of non-payment.
The presumptive limitation, like any high legal presumption, applies unless proven otherwise.
For this purpose, the debtor's own admission, even implicit, or the decisive oath may be sufficient.
The debtor customer is only responsible for proving the time that elapsed between the expected payment and the summons to court.
Even the presumptive prescription, however, is interrupted by interrupting acts, such as warnings and formal requests for payment sent by certified email or registered letter with return receipt.
The 6 month limitation, however, does not apply when a contract is formulated in written form.
In these cases, the ordinary limitation period (extinguishable this time) lasting 10 years applies.
Even a simple exchange of e-mails for the booking can be sufficient as a contract, as long as it takes place via certified e-mail or has been partially executed (for example, with the sending of a deposit).
read also What payments are prescribed in a year?

Author: A.W.M.

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