Changes to the institution of prescription in Polish Civil Code of 13 April 2018 : legal analysis

The text deals with changes to the prescription in Polish Civil Code. It argues that the novelization has a broader application compared to what the legislator assumed. New regulation can be described as 'little revolution' in the institution of prescription. Starting from 9 July 2018, a court has to consider ex officio the expiry of the prescription period for the benefit of a consumer. In order to maximize the functions of the relevant regulation there is a need to interpret the term of a consumer (Article 221 of Polish Civil Code) in an extended way. The regulation of prescription in cases involving consumers should also be applied to (broadly defined) change of a party to a civil law relationship (i.a. from B2B to B2C) due to e.g. assignment of the credit, change of debtor or inheritance and claims arising from the void legal action. The legislator decided to provide absolute control over that aspect to the courts, and according to the prevailing opinion a consumer is no longer entitled to waive the benefits of the prescription. Whether to apply or to not apply the prescription in specific case is in discretion of the courts. Moreover, the new regulation has also impact on the acquisitive prescription and preclusion periods. The new Article 118 second sentence of Polish Civil Code extends the expiry of prescription period and it is applicable mutatis mutandi to acquisitive prescription and preclusion periods