Publication details
Počátek a konec obecné subjektivní promlčecí lhůty u práva na plnění
| Title in English | The Beginning and the End of the General Subjective Limitation Period for the Right to Performance |
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| Authors | |
| Year of publication | 2024 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| Citation | |
| web | https://app.beck-online.cz/bo/chapterview-document.seam?documentId=nrptembsgrpxa4s7gezf6427gqydc |
| Keywords | Limitation; limitation period; right to performance; due date of a claim |
| Description | The general three-year subjective limitation period can only begin to run after the right holder has acquired the knowledge necessary to assert his right before a public authority. However, where the creditor has all the knowledge necessary to exercise the right at the time when the right accrued, the date on which it was first objectively possible to exercise the right successfully must be the starting point for the general subjective limitation period. However, it is disputed in Czech legal doctrine whether setting the starting point in this way implies that the limitation period for the right to performance expires three years from the last day on which the debtor should have performed in order not to breach his obligation, or only three years from the following day, i.e. from the first (full) day of the debtor's default. It is precisely this question that is the focus of the present text. |
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