The beginning of the prescription period for a claim for repayment of funds from a bank account relationship

Abstract

This article is dedicated to the issue of the beginning of the prescription period of a claim for repayment of funds from a bank account relationship. The doctrine presents various positions in this regard, most of which lead to a departure from the general rule set forth in Article 120 § 1 sentence 2 of the Polish Civil Code. According to the view presented, the prescription period for a claim for repayment begins to run from the date on which the relevant pool of funds is deposited with the bank or up to a few days later. The running of the prescription period is constantly interrupted by the bank's acknowledgement of the holder's claim, which, in the opinion of the author of the article, makes it possible to refute the arguments of the opponents of this approach. Cases of unjustified non-recognition of a holder's claim by the bank should be viewed through the prism of Article 5 of the Polish Civil Code.