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