Glosa do uchwały Sądu Najwyższego z dnia 22 listopada 2013 r., sygn. III CZP 72/13 (początek biegu terminu przedawnienia roszczeń o naprawienie szkody ex contractu)
Gloss on the resolution of the Supreme Court of 22 November 2013, court file No. III CZP 72/13 (commencement of the limitation period for claims for redressing damage ex contractu)

Summary/Abstract: This gloss concerns a resolution of the Supreme Court in which the Court was supposed to settle the question of the starting point of the limitation period for claims for redressing damage resulting from the non-performance or improper performance of an obligation. Said issue continues to raise doubts in the doctrine and judicial decisions, despite the fact that regulations governing this matter have remained unchanged for the past fifty years. In light of the views presented on this subject, the limitation period in the aforementioned situation may commence at the time the obligation is breached, at the time the damage occurs, or at the time the creditor becomes aware of the damage. In the resolution discussed, the Supreme Court held that the limitation period for claims for redressing damage arising from a breach of contract begins at the time the pecuniary loss occurs. Hence, in view of the position taken by the Court, it is possible to seek redress from the debtor for the damage even years after the lapse of the time limit set for the performance of the obligation. The lapse of time between the date the obligation was breached and the occurrence of the damage to the creditor is of no significance in establishing the compensatory liability of the contractual debtor. Thus, an individual who fails to perform an obligation or performs it improperly enters an indefinite period of liability for the damage caused by the violation of the concluded contract. This resolution is a departure from the way the courts tend to rule. The gloss is critical in character.

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