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Axiology of the Limitation of Liability Cover

Axiology of the Limitation of Liability

Open Access
|Mar 2023

Abstract

The article is aimed at resolving a research problem on the basis of two methods: the axiological method and formal-dogmatic method, it also finds the answer to the question: what were the reasons which made the institution of limitation weak in terms of its axiological establishment within the civil law. The axiology of limitation consists of protection of the debtor. Creditor may withhold obligation by means of plea that the action was time-barred, it deprives creditor from the opportunity to claim the obligation. The shape of the given regulation makes the safety of the civil turnover jeopardised. The argumentation and the conclusions show clearly that limitation can both foster and prevent the stability of the civil turnover. This fact is a clear indication that the institution of limitation indeed shows its weakness in terms of its axiological establishment within the civil law.

Language: English
Page range: 79 - 90
Published on: Mar 1, 2023
Published by: Lazarski University
In partnership with: Paradigm Publishing Services
Publication frequency: 4 issues per year

© 2023 Aneta Bera-Adamczyk, published by Lazarski University
This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License.