Year: 2025
Type: article
Abstract: The statute of limitations on claims represents a substantive legal institute governed by the Law of Obligations. It falls within the category of more complex legal issues, as it necessitates addressing a series of preliminary legal questions, such as the legal nature of the disputed claim, the commencement of the limitation period, its expiration, and other related matters. The aforementioned law, however, provides only general answers to these and similar questions. The Supreme Court, as the highest judicial authority, has adopted a series of general legal positions and interpretations concerning the statute of limitations on claims. Nevertheless, these interpretations pertain solely to decisions on the statute of limitations within the framework of litigation proceedings. In contrast, the legal issue of the statute of limitations on claims arising from enforceable instruments, examined in enforcement proceedings, has remained largely overlooked. The primary challenge lies in the provisions of the Law of Obligations, which are anachronistic when compared to the current enforcement legislation. Specifically, the Law of Obligations dates back to 1978, whereas enforcement legislation has undergone multiple amendments since then. Consequently, there exists a linguistic and substantive inconsistency between the Law of Obligations and the Law on Enforcement and Security Interest with regard to the statute of limitations on claims.
Author: Besfort Ramadani
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4407766458
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