Supreme Court dismisses appeal; voluntary waiver of statute of limitations requires conscious intent to forgo rights.

The Supreme Court dismissed the cassation appeal against a lower court's rejection of the defendant's statute of limitations defense. The defendant argued that a settlement implied a waiver of the time bar, but the court found no evidence of a conscious intent to abandon the right to raise the limitation defense. The court ruled that a waiver requires a specific declaration of will to forgo the statutory right, which was absent here as the defendant consistently contested the claim on other grounds.