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Collected Papers of the Faculty of Law of the University of Rijeka / Raccolta di scritti della Facoltà di giurisprudenza dell'Università di Rijeka / Gesammelte Schriften der Rechtswissen, Vol. 43 No. 3, 2022.

Original scientific paper

https://doi.org/10.30925/zpfsr.43.3.3

STATUTE OF LIMITATION - Old doubts and new questions

Maja Bukovac Puvača orcid id orcid.org/0000-0003-3266-2108 ; University of Rijeka, Faculty of Law, Rijeka, Croatia
Gabrijela Mihelčić ; University of Rijeka, Faculty of Law, Rijeka, Croatia
Maša Marochini Zrinski ; University of Rijeka, Faculty of Law, Rijeka, Croatia

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Abstract

The paper analyses a specific aspect of the national statute of limitations in
the light of violation of the right of access to court as a form of the right to a fair
trial guaranteed under Article 6, paragraph 1 of the Convention. The Convention
case-law and the protection provided to Convention rights, including the mentioned
form of the right to fair trial in civil matters, shows that the statute of limitations
can be discussed as a limitation that is not justified, i.e. proportionate, legitimate
and predictable, in connection with the regulation of the statute of limitations for
claims for compensation for non-pecuniary loss due to health injuries. If the state
expands its margin of appreciation by regulating the beginning and the length of the
limitation period for these claims and thus imposes excessive burden on the individual
(the victim), a causal link will be established. This represents a Convention causal
link embodied by the state’s failure to act in accordance with its obligations under
the Convention. The most important question that has been raised regarding the
proportionality of limitation is regulation of the moment of learning about the damage
and the victim as the beginning of the course of subjective time limit for the statute
of limitation of the claim for compensation and in this connection the duration of
the time limit calculated from that moment. For that reason, this question has been
analysed in detail in search for an answer regarding the proportionality of national
regulation and possible violation of the right of access to a court and its relation to the
principle of legal certainty.

Keywords

statute of limitation; subjective time limit; compensation; right of access to court

Hrčak ID:

287844

URI

https://hrcak.srce.hr/287844

Publication date:

20.12.2022.

Article data in other languages: croatian

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