The practical significance of the legal nature of the limitation period with reference to the claim for damage compensation

Jovičić, Katarina (2024) The practical significance of the legal nature of the limitation period with reference to the claim for damage compensation. In: Causation of damage, damage compensation and insurance : Proceedings from XXVII international scientific conference. Institute of Comparative Law, Belgrade; Valjevo, pp. 13-31. ISBN 978-86-82582-21-2

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Abstract

The subject of this paper is the legal institute of limitation of claims, which has its roots in Roman law, and developed in English law in the period between the 12th and 13th centuries, on the same grounds, reasons and needs as in Roman law. By applying historical, comparative, and dogmatic legal research method, the question of the legal nature of statute of limitations is comprehensively analyzed, which in continental laws is understood as an institute of substantive law, while in Anglo-Saxon laws it is an institute of procedural law. This theoretical distinction has great practical importance in cases where a foreign element is present because it depends on the applicable law whether the creditor’s claim is time-barred, in which case he will practically be unable to realize it. The paper states that differences in the legal nature of the statute of limitations create legal uncertainty in practice, which is why the causes for such a situation are analyzed as well as whether, and to what extent is that distinction justified. In the conclusion, it is stated that this is more a reflection of the division of legal norms into substantive and procedural rather than essential differences in the legal nature of statute of limitations between Anglo-Saxon and continental laws.

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