Monitor Prawniczy

no. 3/2019

No interruption of the limitation period upon filing a request for conciliation. Selected case studies

DOI: 10.32027/MOP.19.3.7
Michał Ćwikła
Autor jest adwokatem.
Abstract

Creditors often use the conciliation proceedings stipulated in Art. 184–186 of the Code of Civil Procedure to interrupt the limitation period and file a lawsuit at a later date. The creditor should know that in no case starting the aforementioned proceedings interrupts the limitation period. The article discusses three cases when despite the conciliation procedure the limitation period might not be interrupted, i.e. when the request for conciliation incorrectly identifies the claim, on the request for conciliation concerning the same claim has been submitted repeatedly, and when the request for conciliation has been filed in absence of a governing body of a legal person.