Contract Deposit Enforcement and Prescription Defense

A dispute arose over an obligation where one party sought to enforce a contract provision requiring the other party to deposit a sum of money, which the obligated party claimed was no longer due because the underlying debt had prescribed. The court of cassation rejected the appeal, holding that prescription, being a means of extinguishing an obligation, must be specifically invoked by the party relying on it, and since the debtor had not properly raised the defense of prescription in the lower courts, the appellate court was justified in confirming the judgment that ordered the deposit as stipulated in the contract.