Issue: № 5, 2026
Doi: https://doi.org/10.37634/efp.2026.5.1p
The paper explores the legal nature of time-barred obligations and their relationship with natural obligations in Ukrainian civil law. The relevance of the topic is due to the lack of systematic scientific works on the subject and the existence of contradictory judicial practice, particularly regarding the possibility of charging inflation losses and 3 % annual interest after the loss of the right to enforce a court decision. In judicial practice, two types of obligations are distinguished. Natural obligations arise when the statute of limitations has expired: they formally exist but cannot be judicially enforced, and therefore do not allow for additional payments. A time-barred obligation, in contrast to a natural one, is confirmed by a court decision, but cannot be enforced due to the expiration of the period for presenting the enforcement document and the refusal of the court to restore that period. For a long time, there were different approaches in the judicial practice. Some courts believed that the existence of a court decision excluded the natural character of the obligation, thus allowing for the collection of amounts under Article 625 of the Civil Code of Ukraine. Others denied the possibility of such charges due to the loss of the right to enforcement. The final legal position was established by the Grand Chamber of the Supreme Court in its decision of February 11, 2026. The court concluded that after the expiration of the period for presenting the enforcement document and the refusal to restore this period, the creditor permanently loses the right to enforce the decision. Therefore, there are no grounds for charging inflation losses and 3% annual interest as ancillary claims. In this regard, a time-barred obligation is effectively equated to a natural one. This approach ensures a balance between the interests of the parties and adheres to the principle of legal certainty. The court prevented the situation of a «perpetual debt», where an obligation formally exists without enforcement possibilities but continues to generate penalties. At the same time, this position encourages creditors to timely exercise their rights and emphasizes that obligations have not only formal but also time-based limits on their existence.
Keywords : time-barred obligations, natural obligations, civil law, statute of limitations, inflation losses, 3 % annual interest, Grand Chamber of the supreme court, legal certainty, enforcement of court decisions, judicial practice
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