The essence of claim limitation
Limitation of claims is a civil law institution that grants a debtor the right to refuse to fulfill a financial obligation if the creditor did not pursue their claim within the due time. However, it should be noted that limitation does not mean the expiration of the debt but rather makes its enforcement more difficult. The essence of claim limitation is to restrict the time frame for pursuing a claim, which is significant from an economic perspective, as well as for the reliability and security of legal affairs.
Basic limitation periods
Periods of claim limitation in Polish civil law vary and depend on the type of obligation. The most important ones are as follows:
- In the case of financial claims – basically 6 years. For claims concerning periodical performances (e.g. rent) and claims related to conducting business activity – 3 years.
- In the case of claims on account of sales contracts between entrepreneurs – 2 years. It includes situations where both parties are entrepreneurs.
- In the case of claims on account of the specific task contract – 2 years from a day a task was commissioned or was supposed to be commissioned.
- In the case of claims on account of the transport agreement – 1 year. It refers to the transport of people and goods.
- In the case of claims on account of unjust enrichment or torts – 3 years from a day when the claimant found out about the damage and a person obligated to remedy it, however not later than 10 years after a day when an incident causing the damage occurred.
Rules of calculating limitation periods
A period of limitation begins on the day when a claim becomes enforceable, which is the moment when a creditor can demand the debtor to fulfill the obligation. It is important to specify this moment precisely, as the proper calculation of the limitation period depends on it. For example, if a payment is due on or before June 1, 2025, the limitation period begins on June 2, 2025. The end of the limitation period falls on the last day of the calendar year, unless the limitation period is shorter than 2 years.
Interruption or suspension of the limitation period
In certain situations, a period of limitation may be interrupted or suspended.
Interruption of a limitation period means that the accrued period is no longer calculated, and once the reason for the interruption ceases to exist, the period starts anew. This protects the creditor’s interests and enables them to continue trying to enforce debts efficiently. Interruption of a limitation period occurs primarily through:
- filing a court suit, including the arbitration court, to pursue a claim,
- starting enforcement proceedings,
- accepting a claim by a debtor, usually by a partial payment of the debt or the request to defer a due date.
In turn, suspension of a limitation period means that in certain situations the limitation period is stopped for a given time and then it is continued. Such situations include:
- For all claims, force majeure (extraordinary and unpredictable circumstances beyond the control of the person invoking them, whose effects could not be avoided despite due diligence, such as a declared natural disaster, war, or riot) making it impossible for a creditor to pursue their claim in court,
- For the claims covered by a mediation agreement, during the whole time of mediation,
- For the claims covered by a motion to call for a conciliation trial, during the time of conciliary proceedings.
Effects of claim limitation
After the expiration of a limitation period, a debtor may effectively refuse to satisfy a claim by raising a plea of limitation in possible court proceedings. This means that although the debt still exists, the creditor may not be able to collect it.
It should be noted, however, that a limitation period does not act automatically. A debtor must knowingly invoke this right by raising a proper plea in court. Otherwise, the court may adjudicate payment despite the expiration of the limitation period.
Summary
The period of limitation constitutes an important legal mechanism for both debtors and creditors. Both parties in a legal relationship should be aware of its significance, as it protects the debtor from excessive difficulties related to evidentiary proceedings and compels the creditor to take legal action within the appropriate timeframe.
