Abstract

The article discusses a hitherto unexploited problem of time limits the parties have for contractually decide to allocate performance as repayment of one of several debts. In its judgment of 16 February 2012 r., IV CSK 233/11, the Supreme Court found that a creditor and a debtor may settle the matter of recognition beforehand. Such a position is also present in commentarial literature. However, this article suggests that this should be recognised at the time of definitive allocation rather than upon fulfilment of performance.