The time bar of the civil claims compared to expungement in the criminal law in the context of the debtors register in Poland – de lege lata and de lege ferenda

Abstract

The topic of the article are the considerations about the problem of disclosing the time barred claims in the debtors registers, conducted by the economic information bureaus. The Legislator doesn’t limit an opportunity to disclose the obligationes naturales through this type of bureaus. However, we have to remember that the social function of the debtor’s registers conducted by the economic information bureaus are not only the protection of potencial creditors, but also forcing the debtor to repay liabilities disclosed in the registers. From those reason arising the question about the compatibility of those regulations and ratio legis of the claim’s time bar. It is worth comparing eventual postulated changes of the regulations with the expungement in thecriminal law. To sum up, the aim of the article is the rating of the current regulations and formulating eventual de lege ferenda demands.