The statute of limitations is a legal concept that, when invoked through a limitation defense, extinguishes the possibility of authoritatively enforcing a debtor’s obligation to fulfill their commitment to the creditor. The length of the limitation period is crucial for both the debtor (who can raise the limitation defense after its expiration and thus effectively be released from their obligation) and the creditor, who must ensure that their claim is filed in court before the period expires.

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The duration of the limitation period in Slovakia depends on the type and nature of the legal relationship between the creditor and the debtor.

In civil law relationships, the limitation period is governed by the Slovak Civil Code, which stipulates a general limitation period of 3 years, commencing from the day the right could have first been exercised. The same limitation period applies to consumer relationships. For instance, this limitation period would apply to claims for payment of the purchase price, repayment of a loan, return of the purchase price in the event of contract termination, and payment of rent for leased movable or immovable property. The three-year limitation period also governs most obligations between employees and employers (e.g., claims for payment of wages or severance pay to employees). However, this general limitation period does not apply to certain legal relationships between the aforementioned parties (e.g., claims for damages, claims for restitution of unjust enrichment, claims arising from a transportation contract, etc.).

However, the right to compensation for damages is subject to a statute of limitations of two years from the day the injured party becomes aware of the damage and who is responsible for it (subjective period). The right to compensation is ultimately barred after three years, and if the damage was caused intentionally, after ten years from the date of the event that caused the damage (objective period). The objective limitation period does not apply to personal injury claims. The same rules apply to the right to restitution for unjust enrichment. The right to restitution for unjust enrichment is subject to a statute of limitations of two years from the day the entitled party becomes aware of the unjust enrichment and who benefited at their expense. The right to restitution is ultimately barred after three years, and if the unjust enrichment was intentional, after ten years from the date it occurred.

If the right has been recognized by a final decision of a court or another authority (e.g., an administrative decision, arbitral award), it is subject to a statute of limitations of ten years from the day performance was due according to the decision. If the debtor has acknowledged the right in writing, both in terms of the reason and the amount, the limitation period is ten years from the date of acknowledgment. However, if a deadline for performance was specified in the acknowledgment (e.g., by stating a date by which the debt will be paid), the limitation period begins to run from the expiration of that deadline.

If both parties are entrepreneurs and their legal relationship pertains to their business activities, the limitation period is governed by the Slovak Commercial Code, which stipulates a general limitation period of 4 years, commencing from the day the right could have been asserted in court. In legal relationships between entrepreneurs, the vast majority of claims will be governed by the general limitation period. However, there are certain exceptions.

Both of the aforementioned legal frameworks also establish various additional conditions under which the running of the limitation period is interrupted, or a new limitation period begins to run, which may be either the same length or longer than the original period.