Dopuszczalność stosowania klauzul generalnych zawartych w art. 5 k.c. do terminów zawitych
The Applicability of Article 5 of the Civil Code to Final Time Limits on the Example of Article 534 and Article 568(1) of the Civil Code

Summary/Abstract: A clear distinction between final (preclusive) time limits and prescription has been under consideration by the legal doctrine and judiciary for many years. Similarly, the applicability of Article 5 of the Civil Code to final time limits is not a clear-cut issue, and arouses much controversy. Both case-law and jurisprudence contain two conflicting views – one allowing for such an application and another expressly opposing it. Approval for the applicability of Article 5 of the Civil Code to preclusion generates further doubt about using the analogy of the provision’s application to prescription. The subject matter addressed in the article is of major practical significance because it concerns issues that could determine whether a claim may be pursued effectively. The abovementioned dispute appears to be rooted in the broader problem of the relation between ius and lex widely discussed in the doctrine and case-law. The article cites key statements by representatives of jurisprudence and judicature on the matter. The author presents his own position, as well.

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