New opinion of the Supreme Court of the Slovak Republic: Recognition of a time-barred debt triggers a new limitation period only with the debtor's knowledge
The Supreme Court of the Slovak Republic has issued a significant resolution that specifies the effects of recognizing a time-barred debt under the Civil Code. According to the decision of February 28, 2024 (case no. 5Cdo/239/2022), the new ten-year limitation period under Section 110, paragraph 1 of the CC only begins to run if the debtor knew about the time-barred debt when recognizing it. Otherwise, the general three-year period under Section 101 of the Civil Code applies. This opinion may fundamentally affect thousands of disputes over old receivables.
The dispute concerned a claim in the amount of EUR 15,000 from a loan provided in 2016. The plaintiff (creditor) relied on the loan agreement and the subsequent recognition of the debt dated August 21, 2019, which, according to him, should have triggered a new 10-year limitation period. The defendants (debtors) objected to the limitation period, arguing that they were unaware of the limitation period and that the recognition therefore had no effect. The District Court of Nitra and the Regional Court in Nitra granted the plaintiff's decision, but the defendants' appeal to the Supreme Court of the Slovak Republic was accepted as well-founded.
In resolving the legal issue, the court focused on the relationship between Section 110 (1) of the Civil Code (ten-year period for recognition of a right) and Section 558 of the Civil Code (recognition of a debt, including a statute of limitations). The Appeals Chamber stated that this is a uniform institute: the recognition of a statute-barred debt under Section 558 of the Civil Code requires the debtor's knowledge of the statute of limitations, otherwise it has no legal consequences - not even the start of a new period. The historical context (amendment to the Civil Code from 1991) and the systematic interpretation of the law support this interpretation, which rejects the duality of the institutes.
The Supreme Court of the Slovak Republic emphasized that knowledge of the statute of limitations may not be demonstrated only by presumption (e.g. knowledge of the law), but must be positively proven.
The decision strengthens the protection of debtors against unconscious recognition of old debts, especially in cases where creditors pressure them to sign without explaining the risks. For creditors, this means the need to prove the debtor's knowledge, which can complicate recovery. The resolution is published in the Collection of Opinions of the Supreme Court and Decisions of the Courts of the Slovak Republic 3/2025 and serves as an indicative precedent.
