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Uwagi o przedawnieniu wierzytelnosci w kontekscie dopuszczalnosci potracenia

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Milewski M.

Ius Novum

2010

issue 1

120-136

Comments on the limitation of claims in the context of compensation admissibility The article discusses conditions for compensation. In their context, an issue of limitation of claims cited in the plea of compensation is presented. In general, limitation of claims makes it impossible for a creditor to execute a compensation. However, in case due time for compensation passed after the state of compensation had come into existence, it should have no influence on the possibility to execute a compensation as a result of article 502 of the civil code. If the claim of the party executing a compensation had come under the statute of limitation before, the statement of compensation should not be valid because of the legal norm derived by inference a contrario from article 502 of the civil code. In case a defendant makes a plea of compensation quoting his/her own claim under the statute of limitation, the court should formally allow that the declaration of will to execute a compensation of claim was invalid because of the state of limitation of claims. However, a defendant can vindicate his/her claim in a counterclaim or a standard one counting on the debtor not raising the plea of limitation or in hope the court will admit the plea was an abuse of right.

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1 Ius Novum

1 2010

1 Milewski M.

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Uwagi o przedawnieniu wierzytelnosci w kontekscie dopuszczalnosci potracenia