Summon to a conciliation hearing and the matter of interruption of limitation periods of a claim – considerations on the grounds of supreme court judgment of 17 June 2021, II cskp 104/21

Abstract

The influence of a summon to a conciliation hearing on interruption of limitation periods evokes many controversies in polish judicature and legal literature. The disputes are focused on the problem: does a summon to a conciliation hearing belong, in general, to acts, which are included in art. 123 § 1 pkt 1 of the Civil Code – and if so – has the real intention of a creditor, who summons to a conciliation hearing, any meaning. In commented judgment Supreme Court stated, that the intention of a creditor is meaningless – interruption of limitation periods of a claim is so called ex lege effect of the summon. Standing up against that conclusion, the author presented counter-arguments, which include the reinterpretation of art. 123 of the Civil Code. The article brings up the need to consider linguistic, systemic and functional perspective during the process of evaluation of the institution of limitation. Possibility of application art. 5 of the Civil Code and art. 4 1 of the Civil Procedure Code was taken into account as well.