Glasnik Advokatske komore Vojvodine (Jan 2021)

Expanding the scope of claims falling under the one-year Statute of limitations

  • Pilipović Dejan

DOI
https://doi.org/10.5937/gakv93-32715
Journal volume & issue
Vol. 93, no. 3
pp. 734 – 793

Abstract

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This paper analyses the possibility of an analogous application of Art. 378 of the Law of Contract and Torts (LCT) to other similar (identical) claims. The aim of the research is to try to answer the central question of whether it is necessary to update the provisions of the LCT regarding the one-year Statute of limitations in accordance with modern trends in terms of the scope of claims that should become Statute-barred within this period. In order to answer this question, scientific research methods, that is, techniques are used, such as the dogmatic-normative, historical-legal, and comparative-legal one, content analysis and a questionnaire. This apparatus is used within the study of legislation, case law and legal literature, as well as in empirical research. Knowing the scope of claims that become Statute-barred in a year is not only important for theoretical analysis, but is also of practical importance for court actions , as well as for consumers.

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