Professional paper
Prescription of Claims, Statute of Limitation and Consequences - General and Some Selected Questions
Miljenko Appio Giunio
Abstract
The paper investigates the institute of statute of limitation in the Croatian law, and points toward some material-legal and procedural novelties. General questions, concept, terms for the statute of limitation according to the types of legal relations, termination and interruption of statute of limitation, acknowledgment of the obsolete outstanding debt are being presented. The question of the statute of limitation of an outstanding debt secured through (debt instrument) promissory note is being addressed, which is still open, even after the outstanding debts established through notarial documents were equalised with those from legally valid verdicts through the Obligations Act from 2005.
The paper points to the recent novelties regarding time possibilities of making objection to statute of limitation in the proceedings, depending of the stage and type of the proceedings.
Special attention (space) is given to the question of grace period for the statute of limitation, and especially when dealing with the outstanding debts due to returning what one contract side gave the other in case when contract was declared void. That problem was illustrated through examples for the judicial practice (of the Supreme Court of the Republic of Croatia), and is connected with the beginning of the statute of limitation of the request for refund the day after the contract was terminated, and after the termination of the voidable contract, as well as a request for the payment of salary after the termination was established to be illegal.
Keywords
statute of limitation; deadline for statute of limitation; termination; interruption; beginning of statute of limitation; acknowledgement of outstanding debt
Hrčak ID:
100058
URI
Publication date:
28.12.2012.
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