Abstract

In its judgment of 19 November 2003 the Supreme Court found that prescription of claims for reimbursement of expenses or outlays was regulated in Art. 719 of the Civil Code, which, as lex specialis, excludes application of Art. 118 of the Civil Code. Meanwhile, the notions of expenses and outlays differ, whereas the special rules concerning prescription under Art. 719 of the Civil Code refer exclusively to outlays. Using literal, historical and systemic interpretation the author of the gloss shows that the Supreme Court unjustifiably assumed that beside prescription of claims for reimbursement of outlays Art. 719 of the Civil Code regulated also prescription of claims for reimbursement of expenses.