Abstract

The article discusses the effect of discontinuation of the enforcement proceedings as requested by the creditor (Art. 825.1 of the Code of Civil Procedure) on the interruption of the limitation period as a result of the enforcement request. The author approves of the Supreme Court’s position that if the enforcement proceedings are discontinued as requested by the creditor, the interruption of the limitation period is thwarted as a result of the appropriate application of the first sentence of Art. 203 § 2 in conjunction with Art. 13 § 2 of the Code of Civil Procedure. He quotes systemic and teleological arguments in favour of that position, primarily those which are underlain by fear that the limitation periods might be manipulated by the creditor.