Viewpoint of the SC Grand Chamber as for Determination of Beginning of Duration of Time Limit for Claim in Legal Relations Regarding Vindication of Property from Conscientious Acquirer

The Grand Chamber of the Supreme Court has solved an exclusive legal issue regarding the beginning of the duration of time limit for a claim in legal relations regarding the vindication of property from conscientious acquirer.

Thus, while transferring case No. 914/3224/16 for its consideration by the SC Grand Chamber, the Commercial Cassation Court within the Supreme Court put emphasis on the necessity to solve the issue on judicial application of Articles 256 and 261 of the Civil Code of Ukraine while determining the beginning of the duration of time limit for a claim in legal relations regulated by Article 388 of the Civil Code of Ukraine, namely, from the moment, when an individual got to know/could get to know about the moment of his/her right violation, in other words, from the moment of the disposal of assets from property or use, or from the moment of acquiring assets by an individual, to whom these assets belonged at the moment of lodging the claim.

Under results of the case consideration, the SC Grand Chamber concluded that in the view of the principle of inviolability of right to own property, the beginning of duration of time limit for a claim should be calculated from the moment of retiring assets from the owner’s property. Herewith, the Court remarked that time limit for a claim should not be renewed in case of conclusion of contract on the acquisition of relevant assets in future.

The noted legal position was noted in the resolution of the Grand Chamber of the Supreme Court of 26 November 2019 in case No. 914/3224/16 (proceedings No. 12-128гс19).

Follow the link, to see the comment of speaker judge of the Grand Chamber regarding the noted judgment: http://bit.ly/34lCHqp.