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.
