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FAQ

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Are claims pursued before the courts limited in time?

According to Polish law all property claims (i.e. claims connected with proprietary rights) are subject to a limitation period. 

There are two basic statutes of limitation. Generally, all claims are subject to a 10 year limitation period, except for claims concerning periodical performances (i.e. recurring performances, most often monetary, due for a specified period of time, eg. lease fees, rent) and claims connected with commercial activity, which are subject to a three year limitation period. It should be noted, however, that provisions of law concerning specific contracts often indicate shorter limitation periods (e.g. 12 months in the case of preliminary agreements). The limitation period begins to run from the moment a claim accrues.

A claim awarded in a final judgment is always limited to 10 years (regardless of its commercial or non-commercial character or shorter limitation periods provided by law for this kind of claims) with the exception of claims for periodical performances, which are always subject to a three year limitation period even when awarded by a court.

Claims in tort for damages are limited to three years from the moment when a person discovered the harm, but no longer than 10 years from the moment when the harm actually occurred and 20 years in case of harm suffered as a result of a crime regardless of when the person discovered the harm. Claims for compensation for injuries to the person, however, cannot be barred by limitation before three years have passed since the injured party learnt of the harm and the identity of the perpetrator.

The court applies the statute of limitations only upon the raising of a statute of limitations plea by the defendant.