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Prescription in Tort Law outlined - Czech Republic

Publication at Faculty of Law |
2020

Abstract

This contribution is a part of the project of the European Group on Tort Law, and aims to explore how the passage of time on a tort law claim can effect, actually effects and should effect, through the defence of prescription (limitation of actions), the claim, the parties and other persons. It submits a common definition of prescription in tort law as a legal institution that prevents the plaintiff from enforcing a tort claim against the defendant because of plaintiff's failure to fail an action on the claim during the running of specified period of time on the claim.

The contribution focuses on consideration for and against prescription of tort claims, elements of prescription, starting point of prescription period, and includes investigation about the prescription periods, rules of postponement, suspension renewal and extension, ceiling on the effective time of prescription and discusses also the problems of change of parties and other aspects of prescription law.