Professional Practice Architecture Practice Test

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Under Article 1723 of the Civil Code, what is the prescription period for filing cases if a building collapses?

1 year
5 years
10 years
15 years

The correct answer is: 5 years

The prescription period for filing cases related to building collapses under Article 1723 of the Civil Code is 5 years. This time frame is established to ensure that claims are made within a reasonable period following an incident, balancing the rights of the injured parties with the need for stability and the finality of legal obligations over time. The rationale behind a 5-year period is tied to the complexities of construction projects and the potential for claims to arise not only from physical injuries but also from defects related to design and construction. A 5-year limit allows parties to gather necessary evidence, assess the situation, and determine appropriate recourse while also providing a structured timeframe that fosters accountability among builders and property owners. This timeline also reflects the legal system's understanding of the need for timely action to preserve evidence and allow for proper investigation of claims related to structural failures. As time passes, witnesses may forget details or evidence may deteriorate, making it increasingly difficult to resolve disputes effectively. Therefore, the 5-year prescription period serves both the public interest and individual rights in matters concerning building collapses.