Slovenia - Time Bars

Date: 31/01/2017
Author: Patrick Vlačič
Source: Samer & Co Shipping Ltd
Slovenia - Time Bars

Slovenia as a civil law country does not have different time bars for claims that arise from contract or tort. General rules regarding the time bars are a part of Obligation Code (Official Gazette of the Republic of Slovenia No. 83/2001, 32/2004, 28/2006 - decision. US, 40/2007) in a Section 4 Statute-barring, i.e. from Article 335 to Article 370.

There are General provisions (general rule, when statute-barring period begins, occurrence of statute-barring counting of predecessors’ time, prohibition on change in statute-barring period waiver of statute-barring, written acknowledgement and securing of statute-barred obligation, effect of performance of statute-barred obligation, creditor whose claim is secured, accessory claims, when rules on statute-barring do not apply), Period Required for Statute-Barring (general statute-barring period, periodic claims, statute-barring of actual right claims from commercial contracts, claims for issue of document, claims for rent compensation claims, compensation claims for damage inflicted by criminal offence, compensation claims for reason of corruption, one-year statute-barring period, claims determined before court or other relevant authority, statute-barring periods for insurance contracts), Suspension of Statute-Barring (claims between specific persons, claims by specific persons, insurmountable obstacles, influence of grounds for suspension on statute-barring period, claims by persons with incapacity to contract, statute-barring of claims by persons engaged in military service), Discontinuance of Statute-Barring (acknowledgement of debt, filing of suit, withdrawn/dismissed or refused suit, suit dismissed owing to lack of jurisdiction).

General Time Bars

Nature of ClaimTime Bar
General statute-barring periodFive years, unless a different period is stipulated by the statute of limitations
Claims for periodic charges that fall due annually or at specific shorter time intervals (periodic claims)Three years after each individual charge falls due, whether they are accessory periodic claims, such as interest claims, or such periodic claims by which a right itself is drawn upon, such as maintenance claims
Claims from commercial contractsAfter three years
Claims for issue of documentAfter ten years
Claims for rentAfter three years
Compensation claimsThree years after the injured party learnt of the damage and of the person that inflicted it
Compensation claims for damage inflicted by criminal offenceWhen the period stipulated for the statute-barring of criminal prosecution expires
Compensation claims for reason of corruptionFive years after the injured party learnt of the damage and of the person that inflicted it; in any case it shall become statute-barred fifteen years after the act was committed
One-year statute-barring periodClaims for supplied electricity, thermal energy, gas, and water, for chimney-sweeping, services and for municipal cleaning services, if the supply or service was carried out for the needs of a household (and similar claims)
Claims determined before court or other relevant authorityAfter ten years
Statute-barring periods for insurance contractsA life assurance contract shall become statute-barred after five years, and claims from other insurance contracts shall become statute-barred after three years, counted from the first day after the end of the calendar year in which the claim originated

Obligation Code contains provisions regarding a transport contract as well. This is a general transport contract and it is not used for a specific mode of transport. It is used as a supplement, if a special act does not address certain specific issues. These special acts are the one covering maritime transport (Maritime Code), air transport (Obligations and Property Rights in Aviation Act), railway transport (Contracts of Carriage in Railway Transport Act) and road transport (Contracts of Carriage in Road Transport Act). They are lex specialis in relation to Obligation Code (lex generalis). The general transport contract in Obligation Code does not regulate time bars. General rules from Obligations Code applies.

Maritime Code contains provisions on time bars in Chapter 4. Statute of limitations, Article 658.

Maritime Code provides only the period and the beginning of a period of time bars. All other provisions regarding time bar are as lex generali contained in Obligation Code. The statute of limitations on claims arising from contracts for the exploitation of ships (bareboat, by demise, time and voyage charter, contracts of carriage of goods/bill of lading) shall be one year, with the exception of claims arising from contracts on the carriage of passengers and luggage. The statute of limitations on claims arising from a contract of passage shall be two years. After a claim has arisen, the parties may agree in writing to a statute of limitation that is longer than the period mentioned in Maritime Code (this agreement should be drawn up in written form or shall have no legal effect).

The statute of limitations shall begin as follows:

  1. for contracts on the carriage of goods:
    - for compensation for damaged, missing or lost cargo - on the day the cargo was delivered and/or should have been delivered to the place of destination;
    - for compensation for a delay - on the day the cargo was delivered;
    - for other unfulfilled contractual obligations - on the day the particular obligation should have been fulfilled;
  2. for contracts of carriage of passengers:
    - for physical injury - on the day the passenger disembarked;
    - for the death of a passenger during carriage - on the day of arrival or the scheduled day of arrival of the ship at the port at which the passenger intended to disembark;
    - for physical injury to a passenger during carriage as a result of which the passenger dies after leaving the ship - on the day the passenger dies; if an action for damages has not been filed within three years of disembarkation, the right shall be lost;
  3. for contracts on the carriage of luggage:
    - that has been tendered for carriage - on the day the luggage was delivered or should have been delivered to the port at which the passenger disembarked or intended to disembark;
    - for hand luggage - on the day the passenger disembarked or, if the passenger dies during transport, when the ship arrived or was scheduled to arrive at the port at which the passenger intended to disembark;
  4. for contracts of towage or pushing - on the day the towage or pushing was completed, except for the claims for a towage fee, for which the statute of limitations shall start on the day the towage fee is due;
  5. for bareboat charter parties - on the day the party ceases to apply, except for the charter hire, whose statute of limitations shall start on its due date;
  6. for claims to recourse - on the day the action was committed that gives the right to recourse.

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