Abstract

The article discusses selected issues as regards allowing ex officio prescription of claim in civil proceedings in cases provided for in the Civil Code and the Code of Civil Procedure as amended in 2018–2019. In examination proceedings this concerns claims against consumers, while in enforcement proceedings, including enforcement clause proceedings, it concerns all areas of civil transactions. Although the analysed provisions introduced by recent amendments are universally applicable and are certainly not limited to prescription of interest, it is this group of claims that is of special practice importance. It may serve as a background and a point of reference for the deliberation carried out throughout the article. Presenting the importance of the recently introduce solutions, the authors are critical about them. From the viewpoint of substantive law allowing ex officio prescription undermines the uniform structure of debtor pleaded prescription. On the other hand, as regards procedure, the principle of the adversarial nature of proceedings is weakened. Moreover, under enforcement proceedings the competences of the court and the enforcement authority, which officially examine the prescription period, are unjustifiably expanded.