THE INSTITUTE OF LIMITATION PERIOD IN CIVIL LAW – DOCTRINAL AND THEORETICAL BASIS

Nedić, Tomislav; Morina, Pleurat

doi:10.25234/para/45393

Journal for legal and social issues of the Faculty of Law, Josip Juraj Strossmayer University of Osijek : Paragraf, Vol. 10 No. 1., 2026.

Review article

https://doi.org/10.25234/para/45393

THE INSTITUTE OF LIMITATION PERIOD IN CIVIL LAW – DOCTRINAL AND THEORETICAL BASIS

Tomislav Nedić ; Josip Juraj Strossmayer University of Osijek, Faculty of Law Osijek *
Pleurat Morina

* Corresponding author.

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page 67-103

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APA 6th Edition

Nedić, T. & Morina, P. (2026). THE INSTITUTE OF LIMITATION PERIOD IN CIVIL LAW – DOCTRINAL AND THEORETICAL BASIS. Paragraf, 10 (1.), 67-103. https://doi.org/10.25234/para/45393

MLA 8th Edition

Nedić, Tomislav and Pleurat Morina. "THE INSTITUTE OF LIMITATION PERIOD IN CIVIL LAW – DOCTRINAL AND THEORETICAL BASIS." Paragraf, vol. 10, no. 1., 2026, pp. 67-103. https://doi.org/10.25234/para/45393. Accessed 14 Oct. 2026.

Chicago 17th Edition

Nedić, Tomislav and Pleurat Morina. "THE INSTITUTE OF LIMITATION PERIOD IN CIVIL LAW – DOCTRINAL AND THEORETICAL BASIS." Paragraf 10, no. 1. (2026): 67-103. https://doi.org/10.25234/para/45393

Harvard

Nedić, T., and Morina, P. (2026). 'THE INSTITUTE OF LIMITATION PERIOD IN CIVIL LAW – DOCTRINAL AND THEORETICAL BASIS', Paragraf, 10(1.), pp. 67-103. https://doi.org/10.25234/para/45393

Vancouver

Nedić T, Morina P. THE INSTITUTE OF LIMITATION PERIOD IN CIVIL LAW – DOCTRINAL AND THEORETICAL BASIS. Paragraf [Internet]. 2026 [cited 2026 October 14];10(1.):67-103. https://doi.org/10.25234/para/45393

IEEE

T. Nedić and P. Morina, "THE INSTITUTE OF LIMITATION PERIOD IN CIVIL LAW – DOCTRINAL AND THEORETICAL BASIS", Paragraf, vol.10, no. 1., pp. 67-103, 2026. [Online]. https://doi.org/10.25234/para/45393

Abstract

Limitation periods constitute one of the central institutions of private law, whose legal position and effects in continental legal systems are traditionally determined within the framework of the general part of civil law. Despite being a well-established institution of civil law, limitation periods continue to raise numerous theoretical issues and give rise to divergent doctrinal interpretations, while their true complexity is most clearly reflected in judicial practice. Accordingly, this paper aims to provide a comprehensive doctrinal and theoretical analysis of the institution of limitation periods through an examination of the applicable legal sources and their interpretation in case law, while identifying contentious issues and practical challenges arising in the application of this institution. To this end, relevant views of civil law doctrine and judicial practice are systematically collected, presented, and analysed in order to facilitate a comprehensive understanding of the legal nature, function, and scope of limitation periods. In this regard, the paper first examines the historical development of limitation periods, from their origins in Roman law, through their evolution in European legal systems, to their formation within Croatian law. It further addresses the concept and legal nature of limitation periods, distinguishing them from the related institutions of preclusion and acquisitive prescription. The legal nature of limitation periods is analysed, with particular emphasis placed on their substantive-law character, while their procedural effects are also considered. Special attention is devoted to the prerequisites for the commencement of a limitation period, particularly the maturity of a claim and the legal nature of the claim as the object of limitation. The paper subsequently analyses limitation periods, including the general limitation period and special limitation periods, as well as the suspension and interruption of limitation. Finally, it examines the plea of limitation and the legal consequences arising from the expiration of a limitation period, while critically evaluating the existing statutory framework and relevant judicial practice.