Revision of the Civil Code which entered into force on 30 June 2022 it has introduced changes to the limitation period, according to which the call for settlement and mediation will only suspend and not interrupt the limitation period.
In the previous legal situation, the limitation period was interrupted by the submission of a request for a settlement attempt, as a conciliation act, intended to conclude a settlement or as a result of the initiation of an extrajudicial mediation.
At that time, after the conciliation and mediation, the limitation period began to run again.
Current wording Article 121 The KC says that the limitation period does not begin and that the begun one is suspended, alongside the already existing conditions indicated in point 1-4, also as regards claims covered by the mediation agreement, for the duration of mediation, and as regards claims covered by the request for a settlement attempt, for the duration of the conciliation procedure.
This means that since the day 30 June 2022 the submission of a request for a settlement trial and the initiation of mediation shall only suspend the limitation period and shall therefore extend it and, after the conciliation or mediation has been concluded, continue.
The amendments introduced are intended to reduce the number of requests for settlement by creditors only to interrupt the limitation period and thus reduce the number of cases brought to court.
The amended rules do not apply to mediation and conciliation proceedings initiated and not completed before the date 30 June 2022 In practice, therefore, the often used practice of multiple requests for settlement will end, the purpose of which is not to actually seek claims.