Portugal - Time Bars

1. Prescription: this type of time bar cannot be extended by agreement between the claimant and the respondent and neither can it be extended by way of a unilateral statement of the respondent purporting to extend time.
   This type of time bar can only be interrupted by: (i) express, or tacit, admission of the claim; or (ii) commencement of proceedings in court with actual service of court papers in the respondent. The court proceedings can be either: (i) proceedings to obtain a judgment via presentation of detailed points of claim or; (ii) proceedings started merely to interrupt time bar via a short court application that needs to be served on the respondent.
    
2. Caducity: this type of time bar can be extended by agreement between the claimant and the respondent. It can also be extended by means of a unilateral statement of the respondent.
   It can be interrupted by: (i) an express, or tacit, admission of the claim; or (ii) commencement of proceedings in court. The service of court papers on the respondent is not required to interrupt a caducity time bar being sufficient to interrupt time to file proceedings in court. 

General rule for contractual claims: the default time bar is of 20 years that need to be counted as from the date of the breach of contract. This default time bar duration shall not apply when a lower time bar is expressly stated for a particular special contract that may be at stake in the factual situation. The general default time bar of 20 years is a prescription time bar.

Claims for physical loss or damage to cargo arising out of contracts for the carriage of goods by sea ruled under the Hague Rules: 1 year counted as from the discharge of the cargo or from the date said discharge should have happened. This particular time bar is a caducity time bar. In case the carriage is a door-to-door carriage (and not a port-to-port carriage), time needs to be counted from the date of delivery of the cargo or from the date delivery should have happened.

A shipper´s or consignee´s delay claim against the carrier or the carrier´s claims pertaining to freight, demurrages and other carriage costs will be subject to a 20 years general prescription time bar.

Claims arising out of the carriage of goods by sea not ruled under the Hague Rules: 2 years counted as from the moment the claimant became aware of the existence of his claim. It is not entirely certain if this time bar is a prescription or a caducity time bar and thus it should be treated as a prescription time bar demanding commencement of proceedings to obtain a judgment and service of papers. 

Bailment contract claims: 20 years counted as from the date of the breach of the contract. It is a prescription time bar.

Freight forwarders liability claims: 10 months counted as from the date of conclusion of the service. It is a prescription time bar.

Carriage of goods by road: 1 year counted as from the date of delivery of the cargo to the consignee or, instead, counted from the date of delivery of the cargo to the carrier, in case the cargo is not delivered to the consignee. It is a prescription time bar.

Collision liabilities ruled under the 1910 Collision Convention: 2 years counted as from the collision event; It is caducity time bar.

Collision liabilities ruled under the Commercial Code (Portuguese internal law) and not by the 1910 Collision Convention: 3 years counted as from the date of the event; It is a prescription time bar.

Tortious/Liability in tort claims

The time bar for claims arising out of liability in tort is of 3 years counted from the date of the negligent or intentional act or omission causing the harmful event. This time limit can be extended in case the harmful event constitutes also a criminal offence and when the prescription time bar for the criminal proceeding is longer in duration.

If the damage/defect is only discovered after delivery of the vessel, the claim may be brought within 2 years as from the moment the claimant’s obtained knowledge of the existence of the damage / defect.

1. (i) the particular criminal offences of: contraband; contraband of circulation; contraband of goods under a conditioned circulation regime onboard ships; fraud in the transport of goods under a suspension regime; fraudulent introduction of goods into consumer markets: are all subject to a 5 year time bar to proceed with criminal proceedings.
   
   (ii) If the offence is a contravention one, the limitation period to bring contravention proceedings is of 5 years in case of contraband, contraband of circulation, fraud in the transport of goods and fraudulent introduction of goods into consumer markets.

2. Other criminal customs offences such as: (i) breach of customs warranties (ii) breaking of customs seals or marks: are subject to a 5 year time bar to commence criminal proceedings.

3. Other customs contravention offences: (i) refuse to deliver, exhibit or present statements or other documents or refuse to show goods to the authorities investigating criminal or contravention offences (ii) lack or delay in the presentation of statements or documents evidencing values or quantities contained in documents of transport within the imperative time limit (iii) intentional breach of the cooperation duty with the authorities by intentional inaccuracy, errors or omissions on the documents of transport: are subject to a 3 year time bar to commence contravention proceedings.

4. Pollution offences: intentional or negligent release of oil or of other harmful substances to the environment. If it constitutes a criminal offence: time bar of up to 10 years to institute criminal proceedings. If it constitutes a mere contravention offence: time bar of 5 years to institute contravention proceedings.