This is at the heart of the latest resolution of the SN, which crosses doubts as to whether the regulation introduced 7 years ago, which simplified the calculation of the deadlines of the statute of limitations, should besides be applied to claims ordered by judgement or court settlement. And the second are hundreds of thousands.
For Who Simplify
The resolution is favourable to creditors who have more time to enforce claims on them. In turn, debtors can more easy find how long they can anticipate a bailiff.
The amendment of the statute of limitations introduced in July 2018 did not only shorten any of them, but besides introduced a regulation (Article 118, conviction 2, of the civilian Code) that the end of the limitation period falls on the last day of the calendar year, unless this deadline is little than 2 years (as is known, there are different limitation periods depending on the kind of case: e.g. 2 years, 3 years, six years).
This change from 7 years ago is that it deviates from the general regulation for calculating time limits under Article 112 of the KC, according to which the change marked in years ends with the expiry of the day which corresponds to the first day of the time limit, and is extended to the end of the calendar year at the limitation period.
The intent of this amendment was to facilitate the establishment of the final limitation period, so that the creditor would be more hard to “repeat” (and the limitation can only be effective in circumstantial situations).
End of year
The SN dealt with whether the calculation of the limitation period at the end of a given year applies besides to claims found by a final judgement of the court, besides amicable, settlement before a court or before a mediator and approved by a court, which Article 125 of the CCC sets for six years (and for periodic claims for 3 years), but does not mention the end of the calendar year.
Therefore, applicable doubts arose.
They were brought to the attention of the territory Court in Szczytno to grant a declaration of enforceability to a final order for payment without which the applicant (the creditor) could not execute against the debtor, but the court dismissed the application, considering that the claim had expired. The creditor applied on 31 December 2024 erstwhile the six-year limitation period for that claim had to be counted as of 9 July 2018, so the limitation period occurred precisely six years later, i.e. 9 July 2024. The request for a feasibility clause was so late.
However, in examining the creditor's complaint, the three-way territory Court raised doubts which it referred in a legal question to the ultimate Court: Does the manner in which the limitation period referred to in the second conviction of Article 118 of the CCC, i.e. at the end of the year, expire apply to claims confirmed by a final judgement of the court?
The 3 judges of the SN civilian Chamber: Beata Janiszewska, Ireneusz Kunicki and Marcin Trzebiatowski in the resolution answered this question in the affirmative answer: until the end of the limitation periods for claims under Article 125(1) of the civilian Code, the second conviction of Article 118 of the KC applies.
File number: II CZP 19/25
Dr Jarosław Świecczkowski
bailiff, erstwhile president of the National Chamber Board
The position of the SN is right, since the legislator's will was to destruct doubts about the limitation of the claim so that even persons without legal cognition could find it themselves. Especially since mistakes and missing this crucial word were not uncommon. Therefore, a circumstantial simpler limitation period was introduced at the end of the year, irrespective of the date of the year in question.
It is good that the SN explained that this regulation besides applies to claims confirmed by a court ruling, strengthening the position of creditors who have already passed the full judicial path. By removing legal doubts in this respect, the resolution indicates to creditors and debtors, but besides to enforcement courts, until the enforcement of a court-appointed claim may be initiated.
