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Podstata a účel inštitútu premlčania
de lege lata a de lege ferenda
The substance and
purpose of the institute of limitation de lege lata and de lege ferenda
Prof. JUDr. Oľga Ovečková,
DrSc., Institute of State and Law of Slovak Academy of Sciences
Právny obzor, Volume 102, 2019,
No. 1,
pp. 67 – 84.
Published online: 31.8.2021
Abstract. The article
addresses the substance and purpose of the statute of limitation at two levels.
In the first part it addresses the issue of limitation de lege lata. It offers a
critical view of the amendment to the Consumer Protection Act from 2007 that
dealt with the substance of limitation. The Constitutional Court declared this
amendment unconstitutional. In this context the legislator adopted a new
regulation in the form of amendment to the Civil Code in 2018. The article
offers a brief analysis of both the Constitutional Court ruling and the new
legal regulation. In the second part the article addresses the substance of
limitation de lege ferenda, as proposed by the draft major amendment to the
Civil Code, that the Ministry of Justice of the Slovak Republic presented to the
public in October 2018. The amendment brought a number of changes that
significantly affect the institute of limitation. It concerns the subject of
limitation, the effects of limitation as well as the legal definition of a claim.
But it also concerns the new explicit regulation of the start of the limitation
period in case of a contract fine or in case of the creditor´s demand for
performance. The article offers a critical view of the proposed solutions in
terms of perception of the substance and purpose of limitation.
Key words: limitation,
subjective rights, claim, recodification, Civil Code, constitutionality
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ISSN 2729-9228
(online)
ISSN 0032-6984
(print)
THEORETICAL REVIEW FOR ISSUES OF STATE AND LAW.
Právny obzor is peer-reviewed journal and is indexed in SCOPUS and HeinOnline database (INDEX TO FOREIGN LEGAL PERIODICALS).
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