Начало и продължителност на давностния срок за периодични вземания (вноски) по договори за заем и за банков кредит (анализ на съдебната практика и поставеният за тълкуване въпрос по тълкувателно дело № 3 от 2023 г. на ВКС, ОСГТК
Commencement and Duration of the Prescription Term for Periodic Claims (Instalments) under Loan and Bank Credit Agreements (Analysis of the Case-Law and the Question Referred for Interpretation in Interpretative Case № 3 of 2023 SCC, GACCC)

Summary/Abstract: The article analyses the characteristics of periodic payments, in view of the application of the short three-years’ statute of limitations under Art. 111v Obligations and Contracts Act in relation to the obligations to return a loan or bank credit in repayment instalments. We concluded that when the return of the loan, respectively the bank credit, is arranged in instalments, they have the character of „other periodic payments“, in the sense of Art. 111c of the Obligations and Contracts Act and the three-years’ statute of limitations shall apply to them. On the question raised for interpretation regarding the starting point of the statute of limitations in the case of agreed repayment of the obligation of individual repayment instalments with different maturities, it is concluded that the statute of limitations begins to run from the maturity of each repayment instalment separately, and not from the subsequent demandability of entire debt.

• Details
• Contents