The Amendment to the statute of limitations of claims referred to first reading at the sitting of the Sejm

On 23 January 2018, government draft law amending the Act – Civil Code and some other acts was sent to first reading at the sitting of the Sejm. The main assumptions of the draft law include shortening the basic period of limitations of claims and introducing a new method of calculating the lapse of the limitation period. According to the authors, the planned reform will contribute to increasing the stability and certainty of legal transactions.

The new regulations aim to reform the way in which the limitation period lapses. According to the planned amendment, the end of the limitation period would be the on the last day of the calendar year, excluding cases in which the period of limitation of the claim is shorter than two years.

The described provisions would also apply to claims arising prior to the introduction of the amendment. If, due to the application of new provisions, the limitation period for a given claim was shorter than prescribed in the previous regulations, the shorter limitation period will only be counted as of the date of entry into force of the reform. However, in situation in which the limitation period calculated in accordance with the existing rules would take place earlier than under the new regulations, the limitation will expire on the earlier date.

The amendment contains specific provisions regulating the consumer’s situation. According to the draft law, the current limitation periods will apply to the claims that arose prior to the entry into force of the reform.

The new provisions also provide for the modification of the model of the proceedings with the participation of the consumer. Currently, the debtor, in order to evade the obligation to pay the claim, has to raise the plea of limitation himself. According to the planned changes, in the case of claims against the consumer, the court will be required to examine the issue of possible limitation of the disputed debt ex officio.

• The government bill to amend the Act – Civil Code and some other acts