Preclusive Time Limits in the View of Professor Jan Gwiazdomorski: A Historical and Dogmatic Analysis

Abstract

This article revisits Professor Jan Gwiazdomorski’s reflections on preclusive time limits, formulated many years ago but still of considerable importance for the development of Polish civil law. The Professor’s conception not only shaped the contours of the Civil Code but also continues to reverberate in current doctrinal approaches and in the challenges now facing the legislator. The author situates these ideas in their historical setting, underlines the contrasts between limitation of actions and preclusion, and underscores the need for re-codifying the institution. These reflections are placed within the context of contemporary developments in civil law and framed by Professor Gwiazdomorski’s intellectual legacy. By combining an assessment of current statutory provisions and doctrinal interpretations with an analysis of historical solutions, the author evaluates the rationality and practical utility of existing Civil Code regulations while also identifying a prospective reform orientation. In this historical and dogmatic take on preclusive time limits, Professor Gwiazdomorski’s original views, code-related solutions, and proposals to modify them are set against the positions of contemporary scholars. The aim is to provide a broader and more nuanced picture of preclusive time limits and to highlight the institution’s role within the practice of civil law in Poland.