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Limitation periods

Period Type of claim
10 years General limitation period of claims (art. 118 K.c.). It is used always when there is not any other regulation which states different.
10 years A claim certified by a valid decision of a court or other authority entitled to hear cases of a given kind, or by an award of a court of arbitration, and also a claim certified by a settlement made before the court or the court arbitration, shall be barred by limitation of ten years even if the period of limitation for claims of that kind were shorter. If the claim established in this way includes periodical performances the claim of periodical performances due in the future shall be barred by limitation of three years (art. 125 § 1 K.c.)
3 years

The claims concerning business activity (art. 118 K.c.). It shall apply to claims which are entitled to entities conducting their business activity in relation to other entrepreneurs or consumers but not in a case of consumers against entrepreneurs.

Important! Entrepreneurs must remember that a there are a lot of regulations on which limitation periods are shorter.
3 years

The claims concerning temporary benefits such as rental lease (art. 118 K.c.).

Important! Temporary benefits are not separated installments on which payment of debts was divided or payment of installment on which payment of debts was divided. Amount due for place after the period of rental lease is not temporary benefit. (resolution SN from 18th April 1974, sygn. akt III CZP 20/74).
3 years

Interests for delay in payment. Claims resulting from interests for delay of payment shall be barred by limitation of 3 years. If amount due was not paid and expired then together with limitation of amount due, interests for delay payment also shall expire.

"Limitation period for claims arising from temporary benefits shall apply to claims for interests for delay payment also when main claim shall expire in 2 years. Claims resulting from interests for delay payment shall expire at the moment when main claim shall expire”- resolution of Supreme Court from the day of 26th of January 2005, sygn. akt III CZP 42/04.
3 years

Claims concerning employment (art. 291 § 1 K.p.).

Important! Part of claims concerning employment shall be barred by limitation of one year.
3 years

The claim for the redress of the damage caused by a tort shall expire after the lapse of three years from the day on which the person who suffered the damage learned about it and about the person liable to redress it. However, in any case the claim shall expire after the lapse of ten years from the day on which the event that caused the damage occurred (art. 4421 K.c.).

If the damage was due to a crime or misdemeanor, the claim for its redress shall expire after twenty years from the day on which that crime or offence was committed, regardless of when the person who suffered the damage learned about it and about the person obliged to redress it.
3 years The claims resulting from the contract of insurance (art. 819 K.c.). In the case of civil liability insurance, the claim of the person injured against the insurance establishment for indemnity or compensation shall be barred by limitation after a lapse of a period envisaged for such a claim by the provisions on liability for a damage caused by a tort (art. 4421 K.c.) or resulting from the non-performance or an improper performance of an obligation. (art. 819 § 3 K.c.).
2 years

The claims arising from a sale made within the scope of the activity of the seller's enterprise, the claims of craftsmen arising in the same way, and the claims of those who run agricultural farms arising from the sale of agricultural and forest produce (art. 554 K.c.).

Important! It relates to seller’s claims. It does not relate to all sale contracts but only to those made by Professional sellers.

The provisions on the sale of things shall apply to the sale of energy within the scope of the activity of the seller's enterprise (art. 555 w zw. z art. 554 K.c.).
2 years The claims resulting from the contract of a specific work shall be barred by limitation of two years from the day of the completion of the work, and if the work has not been completed, from the day on which it had to be completed in accordance with the contract (art. 646 K.c.).
2 years Order:
  • claims for the remuneration for the acts performed and for the reimbursement of expenses which are the right of persons who permanently or within the scope of the activity of an enterprise are engaged in acts of a given kind; the same shall apply to claims for the advance payments given to such persons;
  • claims resulting from maintenance, nursing, upbringing or teaching if these are rights of persons professionally engaged in such activities or persons who run institutions for such purpose. (art. 751 K.c.).
2 years The mutual claims of the producer and the contractor shall be subject to limitation of two years from the day of the producer's performance, and if his performance was not effected, from the day on which it should have been effected. If the producer's performance was being effected in parts, the time of the limitation period shall run from the day on which the last partial performance was effected (art. 624 K.c.).
2 years The claims resulting from the relationship of bank account. This shall not apply to claims for the return of saving deposits (art. 731 K.c.).
2 years The claims which arise, within the scope of the activity of hotels and similar establishments, from the dues for the lodging, the board, and the services as well as from the expenses made for the persons who availed themselves of the services of such establishments. This provision shall apply accordingly to catering business (art. 851 K.c.).
1 year The claims of employer to redress the damage by the employee for the non-performance or an improper performance of an obligation (art. 291 § 2 K.p.), breaking non-competition clauses and unjustified termination of contract without notice under the pretext of violation by the employer elementary obligations (art. 291 § 21 K.p.). Limitation takes place after a year from the day in which employer found out about the damage but not before 3 years from that day. Exception:. In the case of damage caused purposely limitation period shall expire in 3 years.
1 year The lessor's claims against the lessee for the repair of the damage due to the impairment or deterioration of thing, as well as the lessee's claims against the lessor for the return of the outlays on the thing or the reimbursement of the overpaid rent shall be barred by limitation of one year from the return of the thing (art. 677 K.c.).
1 year The lender's claim against the borrower of the thing for use to redress the damage or the deterioration of the thing, as well as the borrower's claims against the lender for the return of the outlays on the thing and the redress of the damage resulting from the defects of the thing shall be barred by limitation after the lapse of one year from the day on which the thing was returned (art. 719 K.c.).
1 year The claims concerning preliminary contract (art. 390 § 3 K.c). Claim shall be barred by limitation of one year from the day on which the promised contract was to be concluded.
1 year The claims resulting from transport contract in national transport (art. 77 ust. 1 of Carriage Law, art. 778, art. 792 K.c.). The claims resulting from:
  1. in the case of the entire loss of the shipment,
  2. in the case of the entire loss of the shipment or a delay in its delivery-from the day on which it was to be delivered,
  3. in the case of damages not seen from the outside-from the day of protocol establishing of damage,
  4. in the case of payment or repayment-from the day of payment or the day on which it should be paid,
  5. in the case of surplus or shortage in liquidating of shipment-from the day of liquidation,
  6. in the case of other acts of law-from the day on which claim was to be required (art. 77 ust. 3 Carriage law).

Important! In some cases period is six or two months.

In the course of limitation resulting from carriage law is suspended from the day the complaint was to be filed to the day of answer for the complaint or demand for payment and to return documents enclosed but only for the period of 3 months.

The claims resulting from the contract of forwarding (art. 803 K.c.).

The time of limitation period shall begin to run:
  1. in case of the claims resulting from the damage or decrement of the shipment, from the day on the delivery of the shipment,
  2. in case of the entire loss of the shipment or its being delivered with a delay, from the day on which the shipment was to be delivered,
  3. in all other cases, from the day of the performance of the mandate.
The forwarding agent's claims against the carriers and other forwarding agents whom he used in the carriage of the shipment shall be barred by limitation of six months from the day when the forwarding agent redressed the damage or from the day when an action was brought against him (art. 804 K.c.).
1 year The claims of the owner against the autonomous possessor for the remuneration for the use of the thing, for the return of the fruits or the payment of their value, and also the claims to redress the damage resulting from the deterioration of the thing shall be barred by limitation of one year from the day on which the thing was returned. The same shall apply to the claims of the autonomous possessor against the owner for the refund of the outlays on the thing (art. 229 § 1 K.c.).
6 months The forwarding agent's claims against the carriers shall be barred by limitation of six months from the day when the forwarding agent redressed the damage or from the day when an action was brought against him (art. 78 ust. 1 of Carriage law).
6 months The claims for the redress of the damage caused by the loss of, or the damage to, the things brought into a hotel or a similar establishment shall be barred by limitation of six months from the day on which the person injured learned about the damage, and in any case after the lapse of one year from the day on which the person injured ceased to avail himself of the services of the hotel or a similar establishment (art. 848 K.c.).
6 months The claims of the borrower for the delivery of the object of the loan shall be barred by limitation after a lapse of six months from the time when that object had to be released (art. 722 K.c.).
2 months The claims arising from delay in national transport which has not caused loss or damaging the shipment, from the day on which the shipment was to be delivered (art. 77 ust. 2 of Carriage law).
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