26.07.2022

WHEN DOES THE LIMITATION COUNT FOR OBLIGATIONS RELATED TO CONTRACTS AND CIVIL CASES?

The idea of ​​the statute of limitations is to make a creditor collect the relevant claims, debts, loans in a way that does not prolong this process, does not abuse. Its introduction makes it possible for the debtor to request repayment of the creditor's right to seek protection. The goal is that the debtor or his heirs do not live constantly in fear and worry about how, after 30 years, a creditor may decide that he will demand something owed, including the interest.

The statute of limitations is mainly in the Law on Obligations and Contracts (LOC). It is there that it is written that with the expiration of the five-year statute of limitations, all claims for which the law does not provide for another term are extinguished. Immediately thereafter, however, it was determined that with the expiration of a three-year statute of limitations, the claims for remuneration for work for which no other statute of limitations is prescribed, those for compensation and penalties from an unfulfilled contract, as well as claims for rent, interest and other periodic payments. It is the latter - periodic payments, in this case it is very important, because they include, for example, the mass bills for electricity, heating, water, etc.

And here we come to the first main question - when does the statute of limitations begin to run? The LOC defines that "the statute of limitations begins to run from the day the claim became due". This means from the day on which the corresponding payment should have been made. This is the basic rule, the most common case. However, there are several other hypotheses. For example, it is written in the LOC that if it is agreed that the claim becomes due after an invitation, the statute of limitations begins to run from the day the obligation arose, the law also specifies. For tort claims, the statute of limitations begins to run from the discovery of the perpetrator. And finally - for late payment penalty claims, the limitation period begins to run from the last day for which the penalty is charged.

It is important to know that the law considers invalid an agreement that shortens or extends the established limitation periods, as well as the waiver of limitation before it has expired.

It is also important to consider when the statute of limitations is interrupted. There is an interruption with recognition of the claim by the debtor. The situation is the same when presenting a claim or objection, or a request to start conciliation proceedings. However, if the claim or the objection, or the request to start conciliation proceedings is not respected, the statute of limitations is not considered interrupted. There is also an interruption with taking enforcement actions. From each interruption of the limitation period, a new limitation period begins to run. If a claim is established by a court decision, the new limitation period is always five years.

From 2021, the rule for the absolute statute of limitations was also introduced in the LOC. It states that with the expiration of the ten-year statute of limitations, monetary claims against natural persons are extinguished, regardless of its interruption, except when the obligation is postponed or rescheduled. However, this statute of limitations does not apply to claims from the commercial activities of sole traders or natural persons - partners in a company, for unlawful damage, unjust enrichment and for maintenance, for labor remuneration, for benefits under the Labor Code, on the occasion of a privatization transaction, on the occasion of property restituted in accordance with a legal act.