The text includes a commentary on the Supreme Court judgment of 12 May 2021 (IV CSKP 33/21). The judgment assumes that a time-barred claim under a preliminary contract with a stronger effect (an actionable contract) is protected under Article 59 of the Polish Civil Code. The latter makes it possible to declare an act non-existent, which makes it impossible to satisfy a claim (in this case under a preliminary contract). The fundamental question arises whether a time-barred claim that cannot be compulsorily pursued can be protected in other ways, including on the basis of Article 59 of the Civil Code.