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VÝVINOVÉ TENDENCIE INŠTITÚTU PREMLČANIA

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Ovečková O.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2013

vol. 96

issue 4

326 – 337

The contribution deals with the genesis of development of limitation in codifications within the territories of Czechoslovakia or the Czech Republic and the Slovak Republic. This development is also confronted with some unifications of European private law. A special attention is paid to the following areas of issues: understanding of limitation and its legal effects; possibility for the parties to dispose of limitation or conditions of limitations (e.g. to dispose of the length or beginning of the period of limitation); length of general period of limitation. On this basis some distinctive development trends of the institute of limitation are formulated. First of all, it is the tendency to understanding of limitation in the strict sense, where so-called limitation leading to acquisition of a right (separation of limitation and prescription) is excluded from the scope of the term of limitation. The author also points out to the current trend where, due to limitation, the right remains preserved and the understanding of limitation leading to the loss of the right is not accepted. The limitation is increasingly understood as an institute of substantive law. An important shift can also be observed in the possibility of disposal of the conditions of limitation by the parties, especially as regards the reduction or prolongation of the period of limitation. The general trend is reduction of the periods of limitation.

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1 Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

1 Ovečková O.

1 2013

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VÝVINOVÉ TENDENCIE INŠTITÚTU PREMLČANIA