Archiwum
Filozofii Prawa
i Filozofii Społecznej

Journal of the Polish Section of IVR (ISSN:2082-3304)

IVR
  • General information
  • Issues
    • Current Issue
    • Past Issues
  • Editorial board
    • Board Members
    • Reviewers
  • For authors / Ethics
  • Contact
  • FB
  • Polski

Normative Indication the Method of Taking into Account the Expiration of the Period of Limitation of Claims as a Choice motivated by Social Policy Considerations

Dr hab. Joanna Kuźmicka-Sulikowska

University of Wrocław

Abstract: The article presents an important aspect of the civil law limitation period of claims, namely whether – and if so, how – the expiration of the limitation period for a claim brought before a court is taken into consideration by the court. This issue is presented in such a way as to show the relationship between the motivation which the legislator is guided by – social
policy considerations – and its choice of the method of taking into account the expiration of the limitation period. The reflections start with a presentation of the subject matter, followed by an indication of the arguments presented in legal literature in support of each of the two competing ways of taking into account the expiration of the limitation period, that is, ex officio or only when the person against whom the claim is due raises an objection. This is done while demonstrating the connections between views in this area and the acceptance of socialist or liberal concepts. Against this background, there are shown changes in solutions in the discussed area related to unwanted social phenomena that appeared in the practice of the use of electronic enforcement procedure provided for by the Polish Code of Civil Procedure. The author also describes the construction, which is strongly motivated by social considerations (presented in the text), introduced by the Act of 13 April 2018 amending the Civil Code, which brings significant changes in the manner of taking into account the expiration of the period of limitation of claims, with the resulting particular dualism in this area of Polish civil law. Among other things, the text discusses the flexibility of the introduced regulation (e.g. stipulating as a rule for the court to take into account the expiration of limitation of claim claimed from the consumers, but with a possibility of departing from the rule). Furthermore, the assumptions indicated in the justification for the aforementioned Act are confronted with the possibility of achieving the desired state thanks to the wording of the provisions introduced by said Act.

Keywords: limitation of claims, social policy, manner of taking into account the expiration of the limitation period, consumer protection

Language: Polish

Received: 04.07.2018
Accepted: 25.08.2018

Published: Number 3(18)/2018, pp. 10-23.

Download file: Download
Number of downloads: 10

Filed Under: Articles Tagged With: consumer protection, Joanna Kuźmicka-Sulikowska, limitation of claims, manner of taking into account the expiration of the limitation period, social policy

Categories

  • Articles
  • Full texts
  • In Memoriam
  • Reports
  • Reviews and discussions

Keywords

philosophy of mind law-making process CEENJ Lucie Olbrechts-Tyteca Tomasz Widłak Robert Audi Wojciech Engelking thick concepts narrative disagreement legislative materials Hanna Dębska John Rawls professional responsibility of lawyers sociality artefact Andrzej Malinowski structural coupling Michał Krotoszyński statutory interpretation hindsight bias nonpositivist concept of law evolution of law accountability of judges traditional jurisprudence the bar court decisions lawyer personality rules of interpretation Piyel Haldar Summa iniuria Bible Filip Rakoczy legal language moral luck legal theory in dubio pro reo Paweł Kokot nonfactualism Weight Formula responsibility of a professional judicial discretion Polish law moral judgement analogia legis general legal theories pragmatism extensive interpretation aims of rule of law ethical-professional values organ trade

Copyright © 2019 Polska Sekcja Międzynarodowego Stowarzyszenia Filozofii Prawa i Filozofii Społecznej IVR | Administrator strony: Dawid Milczarek

Ta strona używa plików cookies. Zakładamy, że wyrażają Państwo na to zgodę, ale mogą Państwo także wyłączyć pliki cookies w Ustawieniach. //
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. (Zob. więcej // Read more) Ustawienia // SettingsZGODA // ACCEPT

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.
Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may have an effect on your browsing experience.

Necessary Always Enabled

Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.

Non-necessary

Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.