Civil law in practice — the most common problems and how to solve them

Limitation: the first defence the other side will raise

The basic limitation period for pecuniary claims is six years, and three years for periodic payments and claims connected with running a business. The period ends on the last day of the calendar year, unless it is shorter than two years. This seemingly technical rule can shift the real cut-off date by more than a year and is often miscalculated.

Against a consumer, the court applies limitation of its own motion. In dealings between professionals, the defence must be raised. In practice this means a creditor should plan debt recovery with time to spare, and a debtor should check the due date before acknowledging a claim even in part. Acknowledging a debt interrupts limitation and restarts the clock.

Evidence not in the file does not exist

The burden of proof rests on the party who derives legal consequences from a fact. It sounds obvious, yet it is the most common reason for losing. Oral arrangements, messages deleted from a chat app, handover protocols signed "later" — these are situations where being right on the merits does not translate into winning.

• Preserve email correspondence in a form that allows the sender and date to be verified.
• Draw up handover protocols and defect notifications in writing, dated and signed by both parties.
• For technical faults, consider a private expert report — it will not replace a court-appointed expert, but it organises the points to be proved.
• Name a witness in relation to a specific circumstance; a request without a stated purpose may be disregarded.

A letter before action is not a formality

A properly drafted demand does three things at once: it makes the claim due, starts interest running, and creates evidence of an attempt at amicable resolution — the absence of which can saddle even the winning party with costs. It should state the amount, the factual basis, the payment deadline and the account number.

In construction and supply disputes it is worth attaching a schedule of invoices and proof of acceptance. A demand sent only by email is sometimes challenged — registered post with acknowledgement of receipt remains the evidential standard.

Contracts: the clauses that settle a dispute before it starts

Most civil disputes can be anticipated while the contract is being drafted. Four elements have a disproportionate influence on how any later proceedings unfold:

1. Definition of what is to be supplied — the more general it is, the harder it becomes to show improper performance.
2. Contractual penalties — they remove the need to prove the amount of loss, but only for non-monetary obligations, and the court may reduce them.
3. The defect notification procedure — the deadlines and form of notification determine whether warranty rights survive.
4. Jurisdiction and governing law — in cross-border contracts these decide the real cost of pursuing a claim.

When a settlement beats a judgment

A first-instance judgment does not end the case. An appeal, a possible cassation complaint and enforcement proceedings extend the real time to recovery by further quarters, sometimes years. A settlement reached before a mediator and approved by the court has the force of a court settlement and, once an enforcement clause is attached, constitutes an enforceable title.

The arithmetic is simple: a settlement figure higher than the discounted value of a judgment, less legal costs, expert fees and the risk of the debtor's insolvency, usually argues for ending the dispute. "It is a matter of principle" tends to be the most expensive line in a litigation budget.

What to do in the first week of a dispute

Establish the due date and check limitation. Secure documents and correspondence. Prepare a chronology — a court reads a file in sequence, not by topic. Estimate the value of the claim, because the court fee and jurisdiction depend on it. Only then formulate the claim: precisely, separating principal from interest.