Difference between Civil Code article 3494 and Civil Code article 3499

We are in unusual times with COVID-19 and have been subjected to a record number of hurricanes this year. As in all unprecedented times, an attorney must consider how prescriptive periods affect the cause of action for which a litigant is suing. One of the first lessons a new attorney generally learns is the importance of determining the prescriptive period of a cause of action. Filing a cause of action too late is fatal.

This article aims to illustrate the differences between the applicable prescriptive period in Civil Code art. 3494 and Civil Code art. 3499 when there is a contractual aspect involved, which is sometimes the key to the case.