Constitutional Court Finds Access to Court Violation Where Partial Claims Are Blocked by Statute of Limitations
I. Introduction A partial claim is often used when the claimant cannot determine, with full certainty, the exact amount of a receivable or loss at the time of filing. In such cases, the claimant files for a limited amount and reserves the right to claim the remainder later. This approach is practical, but it creates a limitation risk: while the statute of limitations is affected (and paused) for the amount claimed, it may continue to run for the part not yet claimed. In long proceedings, this can lead to a situation where the amount later…
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