Review article
Domestic and Comparative Views on Invoking Statute of Limitations in Declaratory Action
Juraj Brozović
orcid.org/0000-0003-2362-4580
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Generally, there are no limitation periods for property rights. Exceptionally, the right of servitude can be subject to the statute of limitations. In such situations, the owner will regularly file a declaratory action which can be used in order to delete the registration of the servitude from the land registry. On the other hand, the debtor regularly invokes the expiration of the limitation period in regard to a creditor's claim by way of an objection in civil proceedings initiated by the creditor. Domestic literature barely mentions the possibility of the debtor to achieve the same purpose by using declaratory action. In comparative law, such a possibility is widely described by legal science and jurisprudence. This paper deals with relevant comparative experiences, as well as standpoints of domestic literature, in order to answer the question as to whether Croatian civil procedure allows such a declaratory action, what the subject-matter of such proceedings would, when it can be considered that there is sufficient legal interest to file such an action, and what the consequence of its filing are.
Keywords
limitation; declaration of limitation; declaratory action
Hrčak ID:
169104
URI
Publication date:
7.11.2016.
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