Article 95 of Code of Civil Procedure

Any interested litigant may, where the action is not proceeded with owing to an act or omission of the plaintiff, request a judgment declaring the proceedings lapsed once a year has elapsed since the last valid procedural step in the litigation. In cases of interruption, the period for lapse of proceedings shall not begin until the day on which the person seeking a judgment declaring the proceedings lapsed serves notice upon the heirs of his opponent who (1) The second paragraph was amended pursuant to Law No. 36 of 2002 Law Index 620 Home Page Law of Procedure Decree-Law No. 38 of 1980 Promulgating the Law of Civil and Commercial Procedure died, or upon the person replacing someone who has lost capacity to litigate or replacing someone whose representative capacity has ceased, of the existence of the action between him and his original opponent. The period for lapse of proceedings shall run against all persons, even if they lack capacity or have limited capacity.