Abstract
Jednym z ważnych aspektów problematyki roszczeń odsetkowych jest kwestia ich przedawnienia. Jak wiadomo, w przypadku roszczeń majątkowych upływ czasu prowadzi do ich osłabienia i braku możliwości przymusowego egzekwowania. Kwestia ma szczególne znaczenie w przypadku odsetek za opóźnienie, których można się domagać po przekroczeniu terminu zapłaty każdego świadczenia pieniężnego (
Prescription of interest claims – time limits and their course
One of the important aspects of the interest claims is their prescription. As it is known, in the case of property claims, they become weaker with time and cannot be enforced. This issues is of special importance in the case of interest for delay, which may be claimed after the deadline for payment of any pecuniary performance has been exceeded (Art. 481 of the Civil Code). However, it also refers to interest on the principal. The article is aimed at outlining the fundamental rules relating to prescription of interest claims, taking into account the normative changes introduced to the Civil Code in 2018. As the author notes, in the context of prescription of key importance is the periodical nature of interest payments. It determines the application to interest of the 3-year time limit provided for periodical claims (1st sentence of Art. 118 of the Civil Code). However, there is also an additional rule according to which interest claims – despite their own time limit – may not be asserted when the time limit for the principal has lapsed. This is connected with the principle of interest accessoriness universally adopted in case law. Of practical significance is also the regulation laid down in the 2nd sentence of Art. 118 § 1 of the Civil Code (introduced in 2018), according to which the end of the limitation period (at least two years) falls on the last day of a calendar year. It extends the deadline for interest prescription, which is of special importance in the case of interest for delay. Although it is charged separately for each day of delay, in light of the above mentioned rule all interest accrued in a given year will be time barred together (at the same time) as of the end of a calendar year three years after it was accrued.