Unenforceability of claims for damages in court practice

Abstract

The statute of limitations is an essential element in claims for damages proceedings. If the claimant fails to seek damages in time, they may lose the right to claim restitution from the debtor. To protect injured parties, the laws regulate this matter should be interpreted carefully and uniformly. It is of crucial importance to establish legal security regarding unenforceability, especially the statute of limitations, by taking a decisive and uniform position. Different court opinions and decisions can contribute to feelings of uncertainty and vulnerability, and ultimately generate citizens' distrust in the judiciary.