Legal dates and periods in civil law (Part Two)

Legal deadlines and periods in civil law
According to the latest legislative amendments
( The second part )
Date of guarantee in contracting contracts
Article 651
(1) The architect and the contractor jointly guarantee what happens within ten years of total or partial demolition of the buildings they constructed or erected from other fixed establishments, even if the demolition arises from a defect in the land itself, or if the work permits the construction of the defective installations. The contracting parties in this case did not want these facilities to remain for a period of less than ten years.
(2) The guarantee stipulated in the previous paragraph includes defects in buildings and installations that may threaten the durability and safety of the building.
(3) The ten-year period commences from the date on which the work is received. This article does not apply to the contractor's right of recourse to sub-contractors.
The date for the extinguishment of the warranty claim
Article 654
The warranty claims submitted shall be extinguished upon the lapse of three years from the time of the demolition or the discovery of the defect.
The date for dropping the lawsuits arising from the individual work contract
Article 698
(1) The lawsuits arising from the work contract shall be extinguished by the expiration of one year starting from the time of the termination of the contract, except with regard to employment and profit sharing and percentages in the total revenue, since the period therein does not begin except from the time in which the employer delivers to the worker a statement of what he is entitled to according to Last inventory.
(2) This special statute of limitations shall not apply to cases related to the breach of the sanctity of commercial secrets or to the implementation of the provisions of the work contract aimed at ensuring respect for these secrets.
The limitation period for the rights arising from the insurance contract
Article 752
(1) The lawsuits arising from the insurance contract shall be extinguished by prescription upon the lapse of three years from the time of the occurrence of the event that gave rise to these lawsuits.
(2) However, this period does not apply:
a. In the case of concealing data related to the insured risk, or providing incorrect or inaccurate data on this risk except from the day the insured became aware of it.
B. In the event that the insured accident occurs, except from the day the concerned parties learned of its occurrence.
The date for the disclosure claim by the sponsor
Article 785
(1) The guarantor is not discharged simply because the creditor was late in taking measures or simply because he did not take them.
(2) Provided that the guarantor's liability is discharged if the creditor fails to take measures against the debtor within six months of notifying the guarantor to the creditor ?, unless the debtor provides the guarantor with an adequate guarantee.
The date for filing a claim for lack of division
Article 845
(1) The division obtained by mutual consent may be revoked if one of the participants proves that he has suffered from it by injustice exceeding one-fifth, provided that the indiscretion is in the assessment of the value of the item at the time of the division.
(2) The lawsuit must be filed within the year following the division. And the defendant has the right to stop its progress and prohibit the division again if the plaintiff completes, in cash or in kind, what was missing from his share.
The duration of the water division contract
Article 846
(1) In dividing the organization, the partners agree that each of them shall be entitled to the benefit of a separate part equivalent to his share in the common money, assigning to his partners in exchange for that the use of the remaining parts. This agreement is not valid for a period of more than five years. If it does not stipulate a period for it, or the agreed period expires and a new agreement has not occurred, then its period is one year to be renewed if the partner does not announce to his partners three months before the end of the current year that he does not wish to renew.
(2) If this division lasts fifteen years, then a final division is reversed, unless the partners agree otherwise. And if the partner acquired a part of the common money detached for a period of fifteen years, it is assumed that his possession of this part is based on a prepared division.
Duration of the agreement on family ownership
Article 852
(1) It is permissible to agree to establish family ownership for a period not exceeding fifteen years, provided that each partner may request from the court to authorize him to remove his share of this property before the agreed term period if there is a strong justification for that.
(2) If the aforementioned property does not have a specific term, each partner may withdraw his share of it six months after the day he announces to the partners his desire to pay his share.
Date of loss of ownership due to non-use
Article 874
(1) The uncultivated lands that have no owner shall be the property of the state.
(2) It is not permissible to own or seize these lands without permission from the state in accordance with the regulations.
(3) However, an Egyptian cultivated, planted, or built uncultivated land on which he immediately owned the cultivated or planted part or the building even without a permit from the state. But he loses his ownership by not using it for a period of five years during the fifteen years following the ownership.
The pre-emption date
Article 942
(1) The declaration of the desire to take pre-emption must be formal, otherwise it is null. This declaration shall not be evidence against others unless it is registered.
(2) Within thirty days at most from the date of this announcement, the treasury of the court in whose jurisdiction the real estate is located must deposit all the real price that occurred after the sale, bearing in mind that this deposit is prior to filing the lawsuit with pre-emption, and if the deposit is not made on this date in the aforementioned manner. The right to take pre-emption has fallen.
The date for the claim of pre-emption claim
Article 943
A pre-emption lawsuit shall be filed against the seller and buyer before the court in whose jurisdiction the property is located, and it shall be recorded in the schedule. All this shall take place within thirty days from the date of the announcement stipulated in the previous article, otherwise the right to it shall be forfeited, and the case shall be decided promptly.
The date for the loss of the right to claim preemption
Article 948
The right to take pre-emption is waived in the following cases:
(A) If the intercessor acquires his right to take pre-emption even before the sale.
(B) If four months have elapsed from the day the sale contract was registered.
(C) In other cases stipulated by law.
The expiration date of the possession
Article 957
(1) Possession does not expire if a temporary impediment prevents effective control of the right.
(2) But possession lapses if this impediment continues for a whole year, and it arises from a new possession that took place against the will of the holder or without his knowledge. It is calculated from the time when the new possession began, if it began publicly, or from the time the first holder became aware of it if it began hidden.
The date for filing the lawsuits for restitution of possession
Article 958
(1) The owner of the real estate may request, during the year following its loss, to return it to him. If the loss of possession was hidden, the year began from the time it was revealed.
(2) It is also permissible to recover possession from each holder on behalf of others.
The date for filing a lawsuit of possession that was raped by force
Article 959
(1) If the person who lost possession did not have a year of his possession at the time of his loss, then he may not recover possession of the possession except from a person who is not based on possession worthy of preference. The most deserving of preference is the possession that is based on a legal basis. If none of the holders had a bond or their bonds were equalized, then the rightful possession was the earliest in history.
(2) But if the loss of possession was by force, then the holder may in all cases recover his possession during the following year from the infringer.
The date for filing a lawsuit against exposure
Article 961
Whoever possesses a property and continues to possess it for a full year, then falls into his possession, he may file a lawsuit for the prevention of such exposure during the following year.
The period required to own the property or the movable one with its possession
Article 968
Whoever possesses a movable or immovable property without being its owner, or possesses a real property in possession of a movable or immovable property without this right being his own, he shall have the right to acquire ownership of the thing or real right if his possession continues without interruption for fifteen years.
Gain prescription date
Article 969
(1) If possession takes place on real estate or on real real estate right and it is associated with good faith and based at the same time on a valid cause, then the period of prescription of the gain is five years.
(2) The availability of good faith is only required at the time the truth is received.
(3) The correct reason is a bond issued by a person who is not the owner of the thing or the owner of the right to be acquired by prescription, and it must be registered according to the law.
The date of acquisition of inheritance rights by prescription
Article 970
In all cases, inheritance rights are not acquired by prescription unless the possession lasts for a period of thirty-three years.
It is not permissible to own private funds owned by the state or public legal persons, as well as the funds of the economic units of public institutions or public bodies and public sector companies not affiliated with either of them and charitable endowments, or gain any right in kind over these funds by prescription.
The funds referred to in the previous paragraph may not be infringed, and in the event that the infringement occurs, the competent minister has the right to remove it administratively.
Remaining time
Article 999
It is not permissible to announce it for a period of more than sixty years. If a longer period is specified or the period is neglected, the monopoly is considered to have been held for a period of sixty years.
The expiry date of the notice due to non-payment of the rent
Article 1009
If the monopolist is not paid for three consecutive years, the monopolist may request the termination of the contract.
The expiry date of the right of al-hakur
Article 1011
The right of al-hakur ends by not using it for a period of fifteen years, unless the right of al-hakr is suspended, and it ends by not using it for a period of thirty years.
The expiry date of the easements
Article 1027
(1) Easement rights are terminated by not being used for a period of fifteen years, and if the easement is decided in favor of a certain endowed interest, the period is thirty-three years. Just as the statute of limitations extinguishes the right of easement, it may also in the same way be modified from the manner in which it is used.
(2) And if he owns the bitter property, several partners agree on the commonality, then the benefit of one of them by the easement cuts off the prescription for the benefit of the rest, just as stopping the statute of limitations for the benefit of one of these partners makes it suspended for the benefit of the others.
Effective period of rental clearance
Article 1046
(1) The clearance of the remuneration in advance for a period not exceeding three years, nor the assignment thereof shall also be effective in the right of the mortgagee, unless it was fixed in the date before the notice of expropriation was registered.
(2) If the clearance or assignment is for a period of more than three years, then it is not effective against the mortgagee creditor unless it was registered before the pledge is registered, otherwise the period is reduced to three years, subject to the provision in the previous paragraph.
The date of the request for the sale of the property to be cleared
Article 1067
Each creditor whose right has been registered and each guarantor of a restricted right may request the sale of the property required to be cleared, and this shall take place within thirty days of the last official announcement, in addition to the dates of the distance between the creditor’s original home and his chosen one, provided that the distance dates do not exceed another thirty days.
The date for announcing the creditor to vacate the mortgaged property
Article 1071
(1) The release of the mortgaged real estate shall be by a report submitted by the holder to the clerk of the competent court of first instance, and he must request the indication of this in the margin of the notification of expropriation, and the direct creditor must announce the procedures of this release within five days from the time of the report.
(2) A person who has the interest of expediting may request the judge of urgent matters to appoint a guard against whom the procedures of expropriation will be taken, and the holder shall appoint a guard if he so requests.
The date of warning to pay the debt or vacate the property
Article 1072
If the holder does not choose to settle the registered debts, clear the property from foreclosure, or give up this property, the mortgagee creditor may not take in his confrontation the expropriation procedures in accordance with the provisions of the Law of Procedures except after being warned to pay the debt owed or vacate the property, and the warning shall be made after warning the debtor. Expropriation or with this alert simultaneously.
The holder holds on the creditor's rights
Article 1073
(1) The holder who registered his title deed and was not a party to the lawsuit in which the debtor was ruled against the debtor may cling to the defenses that the debtor would have clung to, if the judgment on the debt was subsequent to the recording of the holder's deed.
(2) It is permissible for the holder in all cases to cling to the defenses which, after the judgment of the debt, the debtor still has the right to uphold.
Offer the holder a price for the property being sold - conditions
What