The rules of the limitation period in enforcement law from a thirty-year perspective

Abstract

This study examines the regulation of the legal institution of the limitation period in enforcement law, based on the experience gained in the 30 years since the entry into force of Act LIII of 1994 on Judicial Enforcement (hereinafter: Vht.). The publication primarily seeks to answer the question as to whether it is justified to amend the rules of the limitation period in the Vht, which have remained unchanged since its entry into force, in view of the changes which have taken place in legal practice in the meantime. The study examines the normative material on limitation relevant to judicial enforcement, the relevant literature and case law, with particular regard to the lessons learned from the most recent court decisions. The publication concludes that, in certain respects, legal practice has already "outgrown" the concise and abstract framework of the Vht. and therefore considers it justified for the legislator to clarify the relationship between the limitation rules of the Vht. and the Civil Code (and other relevant private law statutes), which would serve the uniformity of legal practice and thus legal certainty.