Stosowanie art. 115 k.c. do końca terminów przedawnienia

Abstrakt

The aim of the article is to examine whether Art. 115 of the Polish Civil Code applies to the expiry of the limitation periods. Pursuant to this provision, if the expiry of the deadline for performing an action falls on a day recognized by law as a non-working day or on a Saturday, the deadline expires on the next day, which is not a non-working day or Saturday. The doctrine and jurisprudence are inconsistent on this topic. Literal understanding of this provision may lead to the conclusion that its application depends on the length of the limitation period. However, such an interpretation seems to unjustifiably distinguish the situation of creditors, depending on the length of the limitation period. It seems more reasonable to argue that Art. 115 of the Polish Civil Code applies to the expiry of the limitation periods. The organization of social and economic life speaks for this. The second argument is the postulate of the coherence of the legal system. It should be noted that Poland is a party to the Convention on the Limitation Period in the International Sale of Goods, which Article 29 provides for the extension of the limitation period, the end of which falls on a official holiday or other dies non juridicus. Considering the above, application of Art. 115 of the Civil Code to the end of the limitation periods seems reasonable.