Peculiarities of limitation application when solving civil disputes
When solving civil disputes, courts of different instances applied the regulation of the Civil Code of Ukraine, which defines the procedure of the terms of legal limitation, differently. In particular, this regulation defines that legal limitations are applied by the court only if the party appealed before the court’s decision.
Other courts of appeal and cassation have a different interpretation of this regulation, in particular in judicial practice the court of appeal or the court of cassation refused to satisfy the claim on the basis of limitation in cases when the party applied the procedure of limitation after hearing the case in the court of appeal or cassation.
In other, similar cases, the procedure of limitation was applied by the courts only if the parties brought an action and it was before the decision made by the trial court.
Due to different application by the courts of this regulation, the Supreme Court of Ukraine passed the resolution focusing on the fact that when the party applies the procedure of legal limitation in the court of appeal or cassation, the court of appeal or cassation may not apply this limitation, as the Civil Code states that only the trial court decides on this issue, and after its decision the case is considered to be closed.
In order to avoid court’s refusal to satisfy your claims and unnecessary legal proceedings, lawyers of the Colares Law Company are always ready to provide you with legal assistance in solving civil disputes, and are always ready to represent your interests in court and other authorities.