Question about expiration of a claim as a result of limitation of claims

Bibliogr. s. 87-90

According to the interpretation of Article 117 section 2 of the Polish Civile Code unanimously acknowledged by jurisprudence and legal scholars, a claim barred by limitation still exists and the use by the debtor of the defence of limitation does not change this. Such conception of "everlasting claim" motivates creditors and (more often) professional debt collectors to put pressure (legal or sometimes illegal) on the debtors to make them to satisfy claims barred by limitation. These steps are taken instead of bringing an action against the debtor or even after dismissing the creditor's action because of to use by the debtor of the defence of limitation. In consequence, at present limitation of claims does not protect the debtors sufficiently. In the Author's opinion, protection of the debtors could be secured to a higher extent if the defence of limitation resulted in the expiration of the claim. Such effect of defence of limitation may be de lege lata interpreted from Article 117 section 2 of the Polish Civil Code, but to achieve a real improvement of debtors' situation the amendment of the above mentioned provision would be necessary. However, that amendment would not be enough as far as debtorsconsumers are concerned, because due to their lower level of legal knowledge they deserve more protection. Therefore, the Author formulates another proposal de lege ferenda: after the lapse of the period of limitation claims against consumers should expire ex lege.