PL EN


2015 | 100 | 507-523
Article title

Roszczenia posiadacza rachunku bankowego na tle art. 120 § 1 zd. 2 k.c.

Selected contents from this journal
Title variants
EN
CLAIMS OF A BANK ACCOUNT HOLDER IN THE LIGHT OF ARTICLE 120 § 1 SENTENCE 2 OF THE CIVIL CODE
Languages of publication
PL
Abstracts
EN
According to Article 120 § 1 sentence 2 of the Civil Code, when the maturity of the claim depends on undertaking a specified act by the entitled person, the course of the time limit shall commence on the day when the claim would have become mature if the entitled person undertook the act at the earliest possible opportunity. According to the doctrine and jurisdiction, the above-mentioned Article is applied to claims resulting from bank account contracts, as those claims are unlimited time claims. Within the presented analysis such a position is placed under discussion, pointing that these claims are limited time claims and they become mature when the time to perform the act expires. The time for performing the act by the bank is specified and follows from the nature of the obligation. Consequently, the legal provision of Article 455 and of Article 120 § 1 sentence 2 of the Civil Code will not be applied.
Keywords
Year
Volume
100
Pages
507-523
Physical description
Contributors
  • Uniwersytet Wrocławski
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-81702ccd-92aa-41cc-9ac0-ee37ac642f92
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