Legal Q&A · Debt Recovery

When does a claim for restitution of unjust enrichment become time-barred?

Law as at 5 September 2026

Short answer

Two years from learning that enrichment occurred and who was enriched at your expense; no later than three years from the enrichment, or ten years for intentional enrichment. Both periods run concurrently and the claim becomes time-barred when the earlier one expires. This regime does not apply to commercial relationships: a four-year period under the Commercial Code runs from the enrichment regardless of your knowledge.

You paid the same invoice twice, performed under an agreement later found to be invalid, or sent money to an account where it did not belong. A right to repayment exists, but it has one of the shortest limitation periods in Slovak law, starting earlier than most creditors expect.

Two periods run concurrently

The Civil Code (Act No. 40/1964 Coll.) combines a short knowledge-based period with a longer objective period:

The right to restitution of unjust enrichment becomes time-barred two years from the day when the entitled person learns that unjust enrichment occurred and who was enriched at their expense.

— Section 107(1) of the Civil Code (unofficial English translation)

The right to restitution of unjust enrichment becomes time-barred no later than three years, or ten years in the case of intentional unjust enrichment, from the day when it occurred.

— Section 107(2) of the Civil Code (unofficial English translation)

The two periods run independently, and the claim becomes time-barred when the earlier one expires. If you discover the enrichment only at the end of the third year, the knowledge-based period gives you no extension: it ends with the objective period. Conversely, if you learn of it immediately, two years are decisive even though the objective period would still be running.

The knowledge-based period runs from actual knowledge

The two years start when you actually discover the enrichment, rather than when you could have learned of it, and you must know both about the enrichment and the person enriched. Both pieces of information must be available; typically, this is the day a bank statement reveals where the payments went and in what amounts. Expect the other side to argue otherwise, however: any earlier demand, complaint or confrontation may prove that time was already running then. It is therefore worth recording and preserving when and how you learned of the enrichment from the outset.

The short period is deliberate: the law requires the entitled person to act quickly. The court considers limitation only if the debtor raises it (Section 100(1) of the Civil Code), but relying on the other side not doing so is no strategy.

Four years apply between businesses

If the enrichment arose from a commercial obligation, the Civil Code regime does not apply at all. Limitation is governed by the Commercial Code (Act No. 513/1991 Coll.): the period is four years (Section 397 of the Commercial Code) and runs from the day the right could first be exercised in court, meaning from the enrichment (Section 391(1)). When you learned of the enrichment is irrelevant, as the Slovak Supreme Court confirmed in judgment No. 5 Obo 86/2005. The commercial period is therefore longer than the civil knowledge-based period, but late discovery will not save you.

How to preserve the claim

Only exercising the right in court suspends the limitation period: time does not run while the proceedings are properly pursued (Section 112 of the Civil Code). Neither a repayment demand nor settlement negotiations have that effect. In practice, this means promptly determining whether the civil or commercial regime applies, calculating both periods and filing an action if expiry is approaching. We discuss the distinction between unjust enrichment and damages in damages and unjust enrichment, and general invoice limitation periods in when a claim becomes time-barred.

How we can help

We assess whether you have a damages or enrichment claim and how much time remains through our damages and unjust enrichment service. We time the demand and action to avoid expiry as part of debt recovery. If proceedings are already underway, we take over court representation, including defending against a limitation objection.

If you suspect someone is holding a payment or other benefit they are not entitled to, contact us promptly: months matter with this type of claim.

This answer provides general information on the law as at 5 September 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. When may we claim an irrecoverable debt as a tax expense? A receivable included in taxable income may be written off as a tax expense only in the cases listed in the Income Tax Act, for example after bankruptcy has been cancelled for want of assets or enforcement stopped because the debtor has no assets. Until then the creditor may create a tax-deductible value adjustment according to how long the receivable has been overdue. Where the debtor is in bankruptcy, the value adjustment is conditional on a claim lodged within the time limit. Always discuss the accounting treatment with your accountant or tax adviser; the role of recovery is to ensure the supporting documents exist.
  2. We have bought a portfolio of receivables. How do we take over the court and enforcement proceedings already under way? An assignment agreement makes you the creditor, but it does not automatically bring you into court or enforcement proceedings already under way. In court proceedings the original claimant must apply for you to enter in its place and the transfer must be proved; in enforcement, the change is notified to the enforcement officer and the court issues a supplement to the authorisation. During enforcement, an assignment is effective only if the entire claim being enforced is assigned. Debtors must be notified of the assignment, otherwise they may discharge the debt by paying the original creditor.
  3. Our Czech customer is in insolvency. What happens to our action and our enforcement? From publication of the notice of commencement of insolvency proceedings in the insolvency register, a claim capable of being lodged can no longer be pursued by an action, and enforcement against the debtor’s assets may be ordered but not carried out. A decision on insolvency stays pending Czech court and arbitral proceedings concerning such claims and no new ones may be brought; the effects on a dispute pending before a Slovak court are assessed under Slovak law. Satisfaction therefore comes only through a lodgement, including for a claim already awarded to you by a judgment or being pursued by an enforcement officer.
  4. A Czech customer in insolvency owes us money and we owe it money too. Can we set the claims off? Yes, but only on the conditions laid down by the Czech Insolvency Act. After a decision on insolvency, set-off is permissible if the statutory conditions for set-off arose before the decision on how the insolvency is to be resolved and if you are a creditor with a lodged claim. Set-off is also excluded where you acquired the claim by an ineffective legal act or at a time when you knew of the debtor’s insolvency, and you must pay your own debt due to the extent it exceeds your mutual claim. Without a lodged claim the insolvency administrator will recover your debt in full and your claim will go unsatisfied in the proceedings.

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Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

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