Regulations that shorten the limitation period for applications came into force

<img src = "https://galeria.bankier.pl/p/d/c/5de34a9b3e502e-645-387-15-84-2106-1263.jpg" alt = "Regulations Shortening the Prescription Period came into effect [19659003] The amendments were proposed by the Ministry of Justice and the government accepted them in January The Sejm adopted an amendment to the Civil Code and the Code of Civil Procedure, the Law on the Procedures of Execution in the administration and the law on the disclosure of economic information on April 13. However, on May 11, the law was supported by the Senate without amending it.The President Andrzej Duda has signed the law on May 28.

The main provision of the amendment provides for the reduction of the basic period of a claim from 10 to 6 years.However, in the case of claims related to the 39, commercial activity and periodic benefits, for example lease and lease, the period is three years as before (19459006)

The Justice Department argued that an important argument in favor of change was "the difficulty of the evidence, because after too long a period, it is difficult not only to prove the claim, but especially its possible expiration" . He added that the new solution should also be "disciplinary".

A modification of the calculation method for the expiry of the limitation period was also introduced. The limitation period ends on the last day of the calendar year. This means that the limitation periods have been somewhat extended – until the end of the calendar year. "The solution will be easier for the creditors themselves, who will not have to do detailed calculations" – said MS. However, this rule does not apply to limitation periods of less than two years.

Member States emphasized that an important objective of the amendment was to strengthen consumer rights. "The new solutions are, among other things, a response to the frequent practices of some collection companies, they use the ignorance of people and massively claim obsolete obscene claims, hoping that the debtors will not file a complaint in court." before the change, even if the limitation period had expired, the court seized could only take it into account when the debtor had taken the initiative and raised such an accusation. Therefore, the amendment provides that the court must consider whether the application is time barred. If, after analyzing the evidence, the court determines that the limitation period has expired, the claim will be dismissed and no action by the debtor will be required. The amendment contains a proviso that "in exceptional cases the court may, after considering the interests of the parties, disregard the limitation period of the action against the consumer."

The amendment also provides for judicial and administrative changes to a bank account. They refer to the provision that the executing agency can electronically enter the debtor's bank account. Until now, the banks were forced to immediately transfer the amount seized, which prevented the debtor from defending himself, even if the seizure was unfounded, because the debt had been paid before or the demand was prescribed

"The amount taken will not be paid into the account of a bailiff or a tax office sooner than after seven days.This is the period during which the debtor may bring an action in nullity of the enforceable title, which will allow him to clarify the case ". Such a mode will however not be possible when the bailiff takes the bill to collect the alimony due or the debtor being granted, for example for the benefit of the injured person.

In the law on economic information, amendments have been introduced to adapt the time limits indicated in this law to the general limitation periods adopted in the Civil Code. For most changes, the last act provides for a longer period of three months for entry into force.

author: Marcin Jabłoński

mja / mkr /