Failure to Timely Raise Defense of Prescription

Failure to Timely Raise Defense of Prescription: A party, having received notice of a claim, failed to raise a defense of prescription within the time limit stipulated by the rules of procedure, leading the lower court to reject the defense as time-barred; the appellate court upheld this decision, ruling that procedural rules concerning the deadline for raising defenses must be strictly observed, and the Court of Cassation affirmed this reasoning, finding that the lower court correctly applied the procedural law regarding the forfeiture of the right to raise a defense due to failure to comply with the requisite procedural timelines.