Axiology of the Limitation of Liability

Abstract

Summary 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.