Monitor Prawniczy

no. 8/2022

A call for a pre-trial settlement vs interruption of the limitation period – a new approach to an old problem

DOI: 10.32027/MOP.22.8.1
Bartłomiej Kowalczyk
Autor jest radcą prawnym oraz asystentem w Zakładzie Postępowania Cywilnego Wydziału Prawa i Administracji Uniwersytetu Jagiellońskiego; ORCID: 0000-0001-6011-2774.
Abstract

The problem of interruption of the limitation period by a motion to call for a pre-trial settlement is one of those issues that have been widely discussed by legal authors and judicature. Although the judiciary’s position that such motion interrupts the period of limitation is well-established (in spite of discrepancies as to details), some legal scholars and commentators have presented views to the contrary. The purpose of this article is to enrich these views with new arguments, which could be used e.g. by the Supreme Court when deciding the legal issues in case no. II CSKP 315/22. Despite the amendment to the Civil Code, which will become effective as of 30 June 2022, the problem shall remain valid with respect to the motions filed on or before 29 June 2022 r.