Can a consumer effectively waive the defence of limitation after the limitation period for the claim has expired? Although at first glance the answer seems to follow directly from the provisions of the Civil Code, practice shows that the matter raises serious interpretative doubts. This is precisely why the Supreme Court will address the issue.
The significance of the planned ruling extends far beyond a theoretical legal dispute. The Supreme Court’s position may determine how time-barred claims against consumers are pursued, as well as the continued functioning of the market for trading in such claims.
In a commentary for Dziennik Gazeta Prawna, Dr Tomasz Ludwik Krawczyk points out that consumer protection should not lead to the consumer being completely deprived of the ability to decide for themselves on their rights.
“It is difficult to defend the view that depriving a consumer of the right to raise or not raise a defence would serve to protect them.”
The full article featuring our expert’s comments is available HERE.
