Monitor Prawniczy

no. 2/2023

Expanding a lawsuit and interruption of the prescription period

DOI: 10.32027/MOP.23.2.5
Marcin Dziurda
Autor jest adiunktem w Katedrze Postępowania Cywilnego Uniwersytetu Warszawskiego
Abstract

The view dominating in the Supreme Court case law is that an action for damages would interrupt the prescription period also in regard to the amount by which the aggrieved party increased their claim during the proceedings as a result of the court’s findings regarding the amount of damage.That view was negated in the Supreme Court judgment of 17 September 2021, I CSKP 258/21. It was stated that bringing an action did not interrupt the limitation priod in regard to the entire claim if its amount specified in the suit had been lower and subsequently the lawsuit was expanded. It was emphasised that the creditor’s knowledge of the existence of the claim and its amount would not, as a rule, be required for prescription to run.

Keywords
prescription, expanding a lawsuit, claim for damages, interrupting the period of prescription