Published: 2026-09-25

Application of Article 115 of the Polish Civil Code to the expiry of the limitation period: a critical gloss to the Polish Supreme Court judgment of 14 February 2025, II CSKP 1946/22

Filip Gajewski Profil ORCID autora Filip Gajewski
Zeszyty Prawnicze
Section: Glosy
DOI https://doi.org/10.21697/zp.2026.26.3.9

Abstract

This gloss provides a critical analysis of the Polish Supreme Court ruling of 14 February 2025, II CSKP 1946/22, which concerned the applicability of Article 115 of the Polish Civil Code to the expiry of a limitation period. It draws attention to the interpretative assumptions necessary for the adoption of the Supreme Court’s position in the ruling and presents a competing view which has been expressed by some exponents of the doctrine on this issue. The gloss applies analogous methods of interpretation to adduce the arguments used by the Polish Supreme Court and to present alternative conclusions. It also makes a comparison of parallel regulations in German and Austrian law, and reviews opinions formulated on the applicability of the conclusions expressed in the jurisprudence of these foreign courts.

Keywords:

expiry of the limitation period, days off, creditor

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Citation rules

Gajewski, F. (2026). Application of Article 115 of the Polish Civil Code to the expiry of the limitation period: a critical gloss to the Polish Supreme Court judgment of 14 February 2025, II CSKP 1946/22. Zeszyty Prawnicze, 26(3), 211–227. https://doi.org/10.21697/zp.2026.26.3.9

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