For the purpose of determining the starting point of the limitation period, the knowledge of damage is given also in the case when the bearer of the right, the limitation of which is adjudged, should and could have known about the decisive circumstances, so concluded the Supreme Court of the Czech Republic. The ruling is contained in the judgment of the Supreme Court of 28 May 2020 (25 Cdo 1510/2019), published in the civil part of the Collection of Court Judgments and Opinions on 29 January 2021 under No 91/2020. Thus, a long-standing case law insisting on actual knowledge of damage has been overcome. The former approach could have led, contrary to the of the purpose of the statute of limitations, to favouring a negligent party (who did not acquaint herself with the decisive circumstances although she could and should have done it).
Copyright ©2012 Bedrna a společníci, advokátní kancelář / All rights reserved.