In Mauritius, many individuals lose their rights simply because they do not take legal action in time. One of the most important deadlines in civil law is the 10-year prescription period that applies to what the Civil Code calls an “action personnelle” (personal action).

This guide explains, in clear and simple terms, what this means, how it applies, and what you need to know so your rights are not lost.

A personal action is any legal claim where one person asks the court to enforce an obligation owed by another person.

Personal actions commonly arise from:

• contracts and agreements,
• loans and unpaid debts,
• damage caused by someone (delict / faute),
• promises or obligations not respected,
• family or succession obligations,
• property-related agreements (e.g., sale price not paid).

It is about enforcing a personal obligation — not about proving ownership of land or property.

This is important because personal actions are subject to a fixed time limit under Mauritian law.

Two articles of the Mauritian Civil Code set out this rule:

Most personal actions must be brought within 10 years, unless a specific law provides a shorter period.

The 10-year period starts running from the day the right to sue arises — usually the day the obligation is breached.

If more than 10 years pass, the action is normally time-barred, even if you are right.

The countdown begins as soon as the obligation is not respected, such as:

• the date a debt becomes due,
• the date a promise is broken,
• the date damage occurs,
• the date an agreement is not honoured.

It does not start from the date you “realise” or “discover” the problem.

This is why legal advice should always be taken early.

Mauritian case law confirms the strict application of the 10-year rule.

The Court found that the claim was a personal obligation, not a property dispute.

Because the claim was made after more than 10 years, it was time-barred.

2. Nain v DBM (2015 SCJ 35)

Therefore, they are subject to the 10-year prescription.

3. Air Mauritius v Tirvengadum (2016 SCJ 362)

Key Point: The nature of the claim determines the prescriptive period.

The 10-year period exists to ensure:

• fairness,
• certainty in legal relationships,
• timely action,
• and the preservation of reliable evidence.

If the delay expires, the court may refuse the claim — even if the underlying right is legitimate.

Once time has passed, the right may be permanently lost.

You should immediately:

1. Seek legal advice to calculate the exact starting point.
2. Determine whether the prescription may have been interrupted, for example:

• through written acknowledgment of debt,
• a formal letter,
• a previous court action.

Each case is different, and professional assistance can make the difference between a valid claim and a time-barred one.

The law in Mauritius is clear: most personal actions must be filed within 10 years, and the Supreme Court applies this rule strictly.

Whether the issue involves money, agreements, damage, or obligations, delaying action may cause you to permanently lose your right to claim.