Warning! As of July 9, the claims expire after a shorter period [PRAWNIK RADZI]

According to the art. 117 parishes 2 of the Civil Code after the expiry of the limitation period, the one against which the claim is entitled may escape his satisfaction, unless he waives the right of limitation.

In July a significant change

Up to now, the limitation period was ten years, and for periodic benefit claims (eg, rent, subscription fees) and related claims in the management of a company. three years. The limitation period runs from the day the debt is due, that is to say from the day when it may be required of the debtor, for example after the expiry of the loan repayment period.

In practice, the expiry of the limitation period allows the debtor to file a statute of limitations in a court proceeding, which results in dismissing the creditor's claim.

As of July 9, 2018, the law of April 13, 2018 amending the Civil Code and certain other laws will be included in the legal transactions. According to the wording of this law, most limitation periods are considerably shortened. According to changes in the legal regulation: the statute of limitations is six years, and for periodic benefit claims and claims related to the management of a company – three years.

The court calculates itself

Another important change related to the coming into force of this law is that the court, if it is a consumer, calculates the statute of limitations and s & He expires, he seizes the court when the application is time-barred.

Up to now, this situation had not occurred, the party to the proceedings had to clearly raise the statute of limitations during the trial and the party was not active, the court could not invoke the statute of limitations.

The purpose of this change is to protect the interests of consumers, particularly with respect to elevator-consumers, who buy old claims and attempt to apply them mainly by using the so-called e-court. After the coming into force of this law, consumers can expect that the courts hearing the payment applications can see if the application has not expired.

Entrepreneurs differently

It should be recalled that this practice of the courts will not apply to entrepreneurs who, to protect their legal interests, must take initiatives during the trial, including the means of limitation.