New Rules on Debt Delays in 2018 – Consumption in Court – Consumer Rights

Shorter Periods of Prescription

One of the most important changes is the modification of the art. 118 k.c. and shorten the basic prescription period to 6 years.For reminder, up to now the art. 118 k.c. assumed that if the special rule did not provide otherwise, the limitation period was 10 years. However, periodic and commercial claims are subject to limitation after 3 years.

Also an application confirmed by a valid court or other authority appointed to hear cases of a particular type or arbitral award, as well as a claim found a settlement reached in a court of law or an arbitral tribunal or settlement reached before a mediator and approved by a court expires after six years. If the claim thus constituted covers periodic benefits, the claim for a periodic benefit due in the future expires after three years.

Recommended: Labor Code 2018. Practical Comment with Examples of PREMIUM

End of Limitation Period

The amendment also introduces a new rule regarding the end of the limitation period. Effective July 9, 2018, it falls on the last day of of the calendar year, unless the limitation period is less than two years. Therefore, if the claim became due on June 2, 2018, the end of the statute of limitations will fall on December 31, 2024. However, in the case of a claim for the removal of a defect or the default of exchange of goods sold free of charge against defects that became due on June 2, 2018, the end of the limitation period will expire on June 2, 2019, when it expires at the end of the year. ]

Referral by Prescription

Another important change from the point of view of consumers is the introduction of §2¹ to the law. Article 117 of the Civil Code, according to which, after the expiry of the limitation period, the claim against the consumer can not be claimed. The foregoing means that when considering a case against a consumer, the court should examine ex officio if the claim has not expired, and if the answer is yes, reject the demand. Up to now, the Court has dealt with the issue of limitation only for the defendant's claim, which unfortunately led to judgments, even though the claim had long since passed

Non-review of the statute of limitations

Unfortunately, the amendment also introduces controversial solutions regarding the possibility that the court does not take into account the expiry of the limitation period. According to the now introduced rt. 117 ¹ k.c. in exceptional cases, the court may, after considering the interests of the parties, disregard the expiry of the limitation period of the claim against the consumer if the equity 39; required. By using the right referred to in § 1, the court should consider in particular: