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Investment and commercial law Entrepreneur - Time Limits on Claims Can Cost You – Stay Alert!

If you use transport services or run a business in the transport sector, remember that the limitation periods for claims in this industry are significantly shorter than the general limitation periods provided for in the Civil Code (3 or 6 years).

Missing these deadlines can prevent you from successfully pursuing your receivables! If your claim becomes time-barred, your counterparty can effectively raise the statute of limitations before the court, which usually results in the dismissal of your case and the loss of a real possibility to recover your receivables.

That is why vigilance and quick action are especially important in the transport industry.

Discussion of statute of limitations in transport-related cases requires particular attention to the proper legal provisions governing the specific transport service. The relevant regulations in this area are divided into:

Domestic cases – governed by the Polish Transport Law Act (Prawo przewozowe),

International cases – regulated by the Convention on the Contract for the International Carriage of Goods by Road (CMR).

Below, we present a summary of the most important issues related to the statute of limitations for claims in both domestic and international transport.

Summary

• Considering the exceptionally short periods allowed for pursuing claims, we emphasize how important it is to act promptly to recover receivables;

• The start of the limitation period depends on the type of event involved;

• Filing a complaint suspends the running of the limitation period, but the conditions for suspension differ under domestic and international law;

• We recommend ongoing monitoring of potential claims and using professional legal support, as only prompt action can help minimize the risk of claims becoming time-barred.

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