NLD obtains important victory in relevant trial related to statute of limitations

It is with great satisfaction that we share a ruling of the full Chilean Supreme Court of Justice in the case (Case Nr. 75.995-2021), whose defense was handled by our Litigation and Arbitration team, Ricardo A. López Vyhmeister, Felipe Riedel and Fernanda Saavedra Renard.

In this ruling, among other matters, the Supreme Court Plenary adheres in a divided vote to the “notification thesis”, i.e., that the notification of the claim is a constitutive element of the interruption of the statute of limitations, since the purposes of such institution make it advisable that its interruption constitutes a concrete and known act, which is achieved with the notification.

Furthermore, in the fourth decidendi or reasoning -on the calculation of the period for the statute of limitations in civil matters-, the Plenary ruled concluding that it must be computed from the date on which the damage was caused and not from the date of the criminal judgment that punished the driver of the vehicle.