{"id":2186,"date":"2025-09-12T11:00:40","date_gmt":"2025-09-12T08:00:40","guid":{"rendered":"https:\/\/tomovi.org\/?p=2186"},"modified":"2026-04-18T14:32:52","modified_gmt":"2026-04-18T11:32:52","slug":"%d0%bf%d0%be%d0%b3%d0%b0%d1%81%d0%b8%d1%82%d0%b5%d0%bb%d0%bd%d0%b0-%d0%b4%d0%b0%d0%b2%d0%bd%d0%be%d1%81%d1%82-%d0%ba%d0%be%d0%b3%d0%b0-%d0%b4%d1%8a%d0%bb%d0%b3%d1%8a%d1%82-%d0%b2%d0%b5%d1%87","status":"publish","type":"post","link":"https:\/\/tomovi.org\/en\/%d0%bf%d0%be%d0%b3%d0%b0%d1%81%d0%b8%d1%82%d0%b5%d0%bb%d0%bd%d0%b0-%d0%b4%d0%b0%d0%b2%d0%bd%d0%be%d1%81%d1%82-%d0%ba%d0%be%d0%b3%d0%b0-%d0%b4%d1%8a%d0%bb%d0%b3%d1%8a%d1%82-%d0%b2%d0%b5%d1%87\/","title":{"rendered":"Statute of Limitations \u2013 When Is a Debt No Longer Owed?"},"content":{"rendered":"

<\/p>\n

One of the most frequently asked questions by debtors is: \u201cYears have passed \u2013 do I still owe this amount?\u201d<\/em>
The answer lies in the concept of the statute of limitations.<\/p>\n

1. What is the statute of limitations?<\/h3>\n

The statute of limitations is a period after which the creditor loses the right to seek compulsory enforcement of their claim.
Important: the debt does not automatically disappear but becomes a natural obligation<\/em> \u2013 still owed, but unenforceable through court proceedings.<\/p>\n

Legal basis:<\/strong> Articles 110\u2013120 of the Obligations and Contracts Act (OCA).<\/p>\n

2. What are the limitation periods under the OCA?<\/h3>\n
    \n
  • \n

    General limitation period \u2013 5 years (Art. 110 OCA):<\/strong> applies to all claims for which no other period is specified.<\/p>\n<\/li>\n

  • \n

    Shortened 3-year limitation period (Art. 111 OCA):<\/strong> for:<\/p>\n

      \n
    • \n

      claims for remuneration for work (when no other limitation applies) \u2013 Art. 111(a);<\/p>\n<\/li>\n

    • \n

      claims for damages and penalties under contracts \u2013 Art. 111(b);<\/p>\n<\/li>\n

    • \n

      claims for rent, interest, and other periodic payments \u2013 Art. 111(c).<\/p>\n<\/li>\n<\/ul>\n<\/li>\n<\/ul>\n

      3. When is the limitation period interrupted?<\/h3>\n

      According to Art. 116 OCA, the limitation is interrupted by:<\/p>\n

        \n
      • \n

        Acknowledgment of the debt by the debtor<\/strong> \u2013 e.g., in writing, by partial payment, or by signing a settlement agreement;<\/p>\n<\/li>\n

      • \n

        Filing a claim or defense in court or initiating conciliation proceedings<\/strong> \u2013 if the actions are not upheld, the limitation is not considered interrupted; a new period begins after the case is resolved;<\/p>\n<\/li>\n

      • \n

        Taking enforcement actions<\/strong> \u2013 e.g., imposing an attachment, inventory of property by a bailiff.<\/p>\n<\/li>\n<\/ul>\n

        After interruption, a new limitation period begins.<\/p>\n

        4. How is the limitation applied?<\/h3>\n

        The court does not apply limitation ex officio<\/em> \u2013 Art. 120 OCA.<\/strong>
        The debtor must explicitly raise a limitation defense<\/strong>.<\/p>\n

        5. How to invoke the statute of limitations?<\/h3>\n
          \n
        • \n

          In court proceedings:<\/strong> in the reply to the claim or during the hearing.<\/p>\n<\/li>\n

        • \n

          In order-for-payment proceedings:<\/strong> by filing an objection under Art. 414 CPC, explicitly stating that the debt is time-barred.<\/p>\n<\/li>\n

        • \n

          In enforcement proceedings:<\/strong> by filing an objection under Art. 414 CPC or raising a defense before the court that issued the enforcement order.<\/p>\n<\/li>\n<\/ul>\n

          6. Conclusion<\/h3>\n

          The statute of limitations is an important tool for debtor protection. If the 3- or 5-year period has expired and no interrupting events have occurred, the debtor may be released from the obligation, but only through legally established procedures.<\/p>\n

          In such situations, it is always advisable to consult a lawyer specialized in civil and contract law, to avoid missing deadlines or making formal mistakes.<\/p>\n