Prescription takes effect in favour of or against all persons, including the State, subject to express provision of law. The court may not, of its own motion, supply the plea of prescription. However, it shall, of its own motion, declare the remedy forfeited where so provided by law. The period of time required for prescription is reckoned by full days. The day on which prescription begins to run is not counted in computing such period.
Prescription is acquired only when the last day of the period has elapsed.
Where the last day is a Saturday or a non-juridical day, prescription is acquired only on the following juridical day. Dispossession fixes the beginning of the period of acquisitive prescription. The day on which the right of action arises fixes the beginning of the period of extinctive prescription. Prescription may be pleaded at any stage of judicial proceedings, even in appeal, unless the party who has not pleaded prescription has, in light of the circumstances, demonstrated his intention of renouncing it. A ground of defence that may be raised to defeat an action may still be invoked, even if the time for using it by way of a direct action has expired, provided such ground could have constituted a valid defence to an action at the time when it could have served as the basis of a direct action.