On contractual prescription terms without the context of the statute of limitations

Dr. (hab.) Andrzej Szlęzak disagrees with M. Łolik’s view that as it is forbidden by law to interferere in the statute of limitations, then all the more does the law prohibit the parties to agree that with the lapse of time, or upon fulfi llment of a dissolving condition, their claim (subjective right) will expire. In the author’s opinion, there is no room for a fortiori reasoning, as the two legal institutions are incomparable. The contractual prescription terms should be considered as a ”term” under Articles 110 – 116 of the Civil Code (in conjunction with Articles 89 et seq. of the Civil Code); in turn, the admissibility of stipulating a ”term” should be analysed from the perspective of freedom of contract (and its limits), as well as from the point of view of lawful content of a legal transaction (Articles 58 and 94 of the Civil Code), and not by analogy to the Civil Code’s prohibitions regarding the contractual interference in the statute of limitations (Article 119 of the Civil Code).

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