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SMARTLEGAL Schmidt & Partners | Hungary | 30 May 2023
Does litigation always interrupt the limitation of a claim in Hungary?
The passing of time makes claims unenforceable in front of the courts. In some jurisdictions, a simple notice letter interrupts the limitation period. However, under the Hungarian Civil Code, creditors who want to avoid the limitation of their claim must initiate a lawsuit. Does the commencement of litigation always interrupt the limitation period? The Hungarian Supreme Court addressed this......
Kubas Kos Gałkowski | Poland | 9 May 2023
Supreme Court's position on agent's information claims
In a recent judgment, the Polish Supreme Court addressed an interesting issue concerning the relationship between an agent's information claims and the expiry of the limitation period for a claim for payment of a commission. The Court answered the question of whether it is possible for an agent to successfully pursue information claims aimed at determining the commission due to them, even if......
Harper Grey LLP | Canada | 14 Mar 2023
Canadian Environmental Law Blog: Alberta - Contaminators Declined Limitation Period Extension Against Fellow Contributors
The Alberta Court of Queen’s Bench has provided clarity on the application of Alberta’s Environmental Protection and Enhancement Act to limitation…
RPC | Hong Kong | 28 Feb 2023
Top court allows customer's claim against bank for unauthorised transfers – "an oldie but goodie"
In PT Asuransi Tugu Pratama Indonesia TBK v Citibank NA, the Court of Final Appeal allowed the plaintiff's claim for most of the aggregate amount of unauthorised debits from its account with the defendant bank. In an important unanimous judgment by one of the Court's highly respected non-permanent judges (from another common law jurisdiction), the Court held that the limitation period for the......
Lydian | Belgium | 19 Jan 2023
Overview 2022 Supreme Court case law on the Insurance Act
Article 81, §1 Insurance Act (former Article 26, §1 Land Insurance Contracts Act) obliges the insured to notify the insurer of new circumstances or…
Lydian | Belgium | 19 Jan 2023
Overzicht cassatierechtspraak 2022 wet verzekeringen
Art. 81, §1 W. Verz. (voormalig art. 26,§1 Wet Landverzekeringsovereenkomsten) verplicht de verzekerde om de nieuwe o…
Lydian | Belgium | 19 Jan 2023
Aperçu de la jurisprudence de la Cour de cassation de 2022 dans le domaine du droit des assurances
L’article 81, §1, de la Loi relative aux assurances (ancien art. 26,§1, de la Loi sur le contrat d'assurance terrestre) impose à l'…
Lerners LLP | Canada | 14 Dec 2022
Now for Then or Never - An Action Commenced While the Plaintiff Was a Bankrupt Cannot Be Revived After the 2 Year Limitation Period Expires
Flight v. Leblanc 2022 ONCA 831, argued by Lucy Sun and Jason Squire of Lerners, involved an interesting intersection of limitations law and…
KaiRong Law Firm | China | 7 Dec 2022
Article 35 of Montreal Convention 1999: different interpretations by Chinese courts
🕑 4 minutes Different courts interpret the provisions of the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) differently, which may result in varying outcomes. Article 35 of the Montreal Convention is one of its most controversial provisions – it is unclear whether national law can decide on whether to suspend, interrupt or extend the two-year......
Mahmood Hussain Law Firm | United Arab Emirates | 29 Nov 2022
The concept of Limitation Period and its application in tortious liability under the UAE Legal System
The concept of limitation periods has been principally adopted by the UAE legislator from the doctrine or the fiqh of two (2) Islamic…
