Limitation Period for a Civil Claim

Limitation Period for a Civil Claim 1-24-3763 (TsÜS § 153, VÕS § 6 lg 2)

In criminal case No. 1-24-3763, the Criminal Chamber of the Supreme Court examined the issue of the limitation period for a victim's claim for compensation for non-pecuniary damage, where the victim had been a minor at the time the offence was committed.

The victim sought compensation from the defendant for damage to her health caused by serious sexual offences. The Chamber held that, although the claim was time-barred under TsÜS § 153 lg 1, the limitation period should not be applied in the specific circumstances of the case because relying on the limitation defence would be contrary to the principle of good faith under VÕS § 6 lg 2.

The Supreme Court explained that the principle of good faith precludes reliance on the expiry of a limitation period in all cases where, in light of the particular circumstances, doing so would be manifestly incompatible with the principle of justice.

Source: https://www.riigikohus.ee/sites/default/files/elfinder/ylevaated/2026/RK_praktika_05_2026.pdf