|
Post by account_disabled on Dec 4, 2023 23:02:05 GMT -5
Year and year limitation periods will not apply if special provisions regulate limitation periods differently. Additionally, civil law provisions prohibit shortening or extending limitation periods. Feasibility of the claim Provision of Art. of the Civil Code states that the general limitation periods for claims begin from the date on which the claim becomes due. A claim becomes due if the creditor can effectively demand from the debtor compensation for his claim. Position of the CJEU a favorable judgment for consumers. The Court of Justice of the European Union in its judgment of April , , ref. no. C / in the case of Profi Credit Slovakia held that the Principle of effectiveness must be interpreted as precluding national photo editing servies legislation providing that an action brought by a consumer for the repayment of amounts unduly paid on the basis of of Directive. Article on unfair terms in consumer contracts or terms contrary to the requirements of Directive / on consumer credit contracts is subject to a limitation period of three years from the date on which the unjust enrichment occurred. The above judgment is important for consumers because the Court of Justice admitted that consumers are in a worse position both in terms of negotiation opportunities and the level of information.
|
|