One-year statutory limitation period for claims in the context of obligation law and consumer law

Abstract

This paper analyzes some issues related to the one-year Statute of limitations for claims, from the beginning of this period and throughout its course, in the context of obligation (contract) law and consumer law relations. The focus is on reconsidering whether the length of the special one-year Statute of limitations should be changed. The author examines whether there is room for refining, specifying and amending the provisions of the Obligation Relations Act, especially pertaining to the beginning of this period, given that the legal provisions on the one-year Statute of limitations in this Act do not contain special rules on this issue. The discussion is further complicated by the fact that in the Republika Srpska, the Consumer Protection Act contains a provision on a one-year Statute of limitations for claims on services of general economic interest. Is the circle of claims or the rule concerning the beginning of this Statute of limitations different from the one prescribed in the Obligations Relations Act? The paper aims to find answers to these questions by using scientific research methods in the analysis of legislation, legal theory and case law, as well as the questionnaire techniques in the empirical research which is of both theoretical and practical importance.