Suspension of the Limitation Period in Civil Law in the Light of the Amendment of December, 2021

The purpose of this study was to analyse and assess the accuracy and completeness of the solutions introduced to the provisions of the Civil Code under the amendment of December 2, 2021 in the scope regarding the effects of mediation and submitting an invitation to a settlement attempt for the running of the limitation period for claims. The paper presents the leading views of science and judicature presented before the amendment which formed a basis for further considerations regarding the amended law. The analysis carried out with the use of the formal-dogmatic method made it possible to confirm the hypothesis about the accuracy and completeness of the amendment in regard with the issue concerning invitation to a settlement attempt.

The legal norm introduced into the provisions of the Civil Code is exhaustive and allows a precise determination of the period for which the limitation period is suspended. The opposite conclusion can be drawn from the analysis of the solution to the issue of the effects of submitting a request for mediation. In this case, the regulation provided for by the legislator does not provide a sufficient answer to the question of when the period of suspension of the limitation period commences and ends. Thus, there is no precise regulation that would dispel doubts as to what specific circumstances determine the suspension of the limitation period.