We don’t associate debts with anything pleasant. They can bring us many problems, not only financial. However, there are obligations that the debtor does not have to pay back. We are talking here about the institution of so-called limitation, known to the Polish legal order, namely the Civil Code. When and under what circumstances does it occur? Does it apply to all debts? What is worth paying attention to when citing debt?
None of us would like to be in a position of a person in debt. However, they can get everyone. There is no golden recipe for how to avoid them. Losing your job, sudden illness, loss of your life’s possessions – we don’t think it concerns us. Nothing could be more wrong. In crisis situations, when there is no money in the wallet, in addition, we do not have anyone m bed głby us borrow them, we decide to take the credit or loan. Fate could lie down, so that we do not have it with you SPL Latin tab. Then we fall into debt. How to prevent them in the texts we recommend entitled 3 iron rules of borrowing and how to cope with debts of moments .
What is the limitation period?
This is nothing more than the possibility of evading the need to satisfy the claim against the creditor. For it to become real, a legal deadline must pass. Limitation is an institution of civil law. He has only material claims. An exception is a debt claim regarding real estate.
One of the most important issues, if m bed Wimy of limitations is that even though it will be an appropriate time limit after kt ó rhyme indebted person may avoid the repayment, the liability still exists. It is not necessary to regulate it. However, it is not recognized ex officio, but at the debtor’s firm request. He must admit that he wants to use his right. In practice, it may depend on the initiation of the area against him dztwa bed just to rejected it for reasons other than the passage of time.
When does debt become payable?
Under the provision of bed in the Civil Code, the limitation period begin to run until the maturity of the claim. How to define it? This is an individual matter. Sometimes a creditor’s action is needed, for example his termination of a loan or credit agreement. In this case no yellow period runs from now.
The most important is time
When is the debt time-barred? The answer to this question is not clear. The type of debt really depends on it. The limitation period have, for example, claims arising from niezapł aconych within the mandate of the bed or in the claim under the contract of carriage. In this case, their limitations after year.
Examples of limitation periods
The Civil Code defines two basic terms. 3 years relate to claims for business activity and periodic benefits, 10 years in turn, property claims or confirmed by a final court judgment. There are, however, many exceptions to this general breakdown. For example, claims under a preliminary sales contract expire after one year, invoices not paid by the customer – 2 years, claims under a specific work contract – 2 years, unpaid deposits or advances – 3 years, for rent, insurance contract or contract for work – also 3 years. For example, according to the code of law, specifically Article 723 of the Civil Code, if the date of repayment of the loan is not clearly specified in the contract, the borrower is obliged to return it up to six weeks after termination by the lender. There is also a limitation period for inheritance debts in Poland. Inherited debt can be a profession and a problem for many people that can worsen the financial condition of many of us. Let us remember that inheritance debts also have their expiration dates. The heir may refuse or pay the inherited debt. Rejection of the inheritance, e.g. after the deceased spouse, is associated with the fact that we waive the rights to all the property of the deceased person.
The loan – when the length ug SIU-barred?
A lot of borrowers are in arrears with payment settlement and many of them are already in debt to the financial institution. Not everyone is aware that loan debts may be time-barred. In which group is the liability under the credit or loan agreement? The limitation period for this type of debt is 3 years. It is calculated from the day on which the obligation to return the payment arose. A similar term applies to credit card debt or real estate tax liabilities. If we talk about debt regarding VAT, income tax, etc., the period is 5 years. Similarly, as do receivables from the Social Insurance Institution due to unpaid contributions. Limitation of debts is certainly an interesting topic for many people who had trouble repaying a loan. We must be aware that if we do not pay our debt within the set deadline, our personal data will go to the register of indebted persons. If we wait for the bank debt to expire, we can certainly have problems with obtaining a positive decision on granting a new loan in the future. Different situations can happen in human life, so it’s worth settling your backlog. We can use the option to extend the loan repayment or refinancing with one of the cooperating companies.
What next for the expired debt?
It leads to the inability to effectively demand payment. So is the creditor not satisfied? Before losing the chance of payment, he should interrupt the limitation period. This may happen to others as a result of filing a lawsuit, application for enforcement to a bailiff after winning in court, initiation of mediation or recognition of the claim by the debtor (making a payment to the creditor, settlement or approval of the debt).
Interruption of the run and the payment requirement
During the proceedings before the mediator or the court, the course is suspended. If the interruption of the limitation period is successful, the course will have to begin again, and the period kt yellow rice AL minutes to this point, are treated as non-existent.
Finish the run
In most of case in yellow has the effect of substantially weakening the position of the creditor. Although he is still entitled to present and pursue his claims before a judicial authority, the debtor has the advantage that until the judgment becomes final to his disadvantage, he may be obscured by the statute of limitation. This in turn brings one effect: winning the case and rejected by the court area bed dztwa creditor.
Limitation and lack of knowledge of the debtor
An interesting issue is laying bed also carries what happens end, if the d thickness piece of limitation are not aware of the claim and voluntarily regulate the amount due? In this case no bed is not entitled to demand the return of a measure of the creditor in. All because this obligation is still, despite the limitation, the provision of so-called due. Another practice, though rarely used by the debtor in the bed, a waiver of the right to use the complaint. In such a situation, there is no limitation period.