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Charakter prawny uznania niewłaściwego przerywającego bieg terminu przedawnienia roszczenia

100%
Szejna S.
Rejent
|
2021
|
issue 6 (362)
24-43
EN
The subject of this publication is to determine the legal nature of the recognition of an incorrect claim resulting in legal effects in the form of interruption of the limitation period. The contentious issue in doctrine and case-law is whether improper recognition leading to the interruption of the limitation period is a declaration of will or knowledge? The analyzed issues are not only theoretical, but above all practical. Namely, adopting the view that improper recognition is a declaration of will, for the effectiveness of a declaration of will in the form of improper recognition interrupting the limitation period it would be necessary for it to meet the conditions for declarations of will (i.e. provisions regarding ability legal transactions; representation of natural and legal persons; forms of legal transactions; defects of declarations of intent). Thus, the provisions on declarations of intent should be applied to such declarations directly. On the other hand, adopting a different position would lead to the application of the incorrect provisions of declarations of intent to this recognition only accordingly (arg. From Article 651 of the Act of 23.04.1964 - Civil Code).
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Provisions of the Damages Directive on Limitation Periods and their Implementation in CEE Countries

80%
Vlahek A., Podobnik K.
Yearbook of Antitrust and Regulatory Studies
|
2017
|
vol. 10(15)
147-176
EN
The article analyses the provisions on limitation of antitrust damages actions set out in Directive 2014/104/EU on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. It presents (draft) implementing legislation of CEE countries from the perspective of their general rules on limitation, and the problems the Member States have faced in the process of transposing the Directive into their national legal systems. Within that, focus is placed upon the analysis of the types of limitation periods, their length and their suspension or interruption. In addition, the authors present the effects of the new limitation regime on the balance between the interests of the claimants and of the defendants, as well as on the relation between public and private antitrust enforcement.
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