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What is the statute of limitations in civil matters? Civil Code: Statute of limitations

The limitation period for civil cases is the period that is granted to protect infringed rights in court. Its duration is established by the Civil Code of the Russian Federation. If the statute of limitations is missed for any reason, then the enforcement of their rights will be extremely problematic. According to the current Civil Code, the court has the right to reasonably refuse to consider the application. In this regard, before filing a claim, regardless of the subject of the dispute, it is necessary to determine whether the deadline is missed. civil statute of limitations

Rights Guarantee

It should be noted that the passage of limitation preserves the plaintiff the opportunity to go to court. This is justified by two circumstances:

  1. According to Art. 199 of the Civil Code, the court is obliged in any case to accept the application and consider the case on the merits.
  2. An authorized instance may refuse only if the plaintiff or defendant is declared to expire. In accordance with Art. 205 GK missed period can be restored.

Civil Code: Statute of limitations

The law provides for two categories of periods: special and general. In the latter case, the limitation period for civil cases is 3 years. The establishment of a special period will depend on the case to which it applies. So, for example, the limitation period at the request of the drawer to the parties involved is 6 months, at the request for property insurance - 2 years, for claims for inadequate quality of work performed related to the transportation of goods - 1 year, upon request for the protection of the right of preemptive acquisition - 3 months. To defend its interests under a household contract, the law provides a year, and construction - 5 years. Also, according to Art. 208 of the Civil Code, there are statements to which the statute of limitations in civil matters does not apply. These include, in particular, requirements related to:

  • Claims of depositors to the bank on the issuance of deposits.
  • Compensation for harm that was inflicted on the health and life of the applicant.
  • Elimination of violations of rights relating to the deprivation of ownership of property.
  • Personal non-property interests. limitation period

Suspension of the period

The law allows for the temporary suspension of statute of limitations in exceptional cases. The circumstances on the basis of which the suspension of the period includes:

  • The applicant’s presence in the armed forces, transferred to military status.
  • The presence of a moratorium (delay) in the performance of obligations.
  • Suspension of a legislative or legal act in accordance with which the regulation of violated rights is carried out.
  • The presence of obstacles encountered in emergency situations.
  • The parties to the dispute conclude a mediation agreement to resolve the conflict with the participation of an intermediary (third party).

The statute of limitations in civil cases in these cases may be suspended subject to the occurrence of the above circumstances over the past 6 months. Once the barriers to application have been removed, the period resumes. limitation period in civil matters

The consequences of the expiration of the period

The fact that the statute of limitations in civil matters may expire, in itself, acts as a basis for refusing to consider the application. In this case, special attention should be paid to two points. First of all, it is necessary to decide whether the creditor's subjective rights will be terminated. Secondly, it is necessary to determine the legal basis for the crushed property.As regards the first question, here we should turn to Art. 206 and 199 GK.

In accordance with them, it becomes clear that the subjective rights of the creditor do not terminate. However, the grounds on which their protection can be enforced are not serious enough. Violated rights can be restored if the debtor himself does not declare the need to apply the statute of limitations in civil matters and the claims have been satisfied. If a person has fulfilled obligations, including in accordance with the receipt, not knowing the end of the period, he is not entitled to demand the return of the fulfilled. If the court recognizes the reasons for which the statute of limitations has been missed, valid, then the application can be satisfied, and thus violated rights are restored. limitation period

The fate of the property

It is possible to determine the legal basis of material assets, the statute of limitations for the claim of which has expired, in accordance with the rules that take into account their type and the reasons in accordance with which they were alienated. For example, if the sum of money is the subject of a dispute, and the court refused to consider the claim, due to the expiration of the period for their application, the disputed amount goes to the debtor's own profit. From this moment the creditor's right is completely terminated. Accordingly, the amount of debt is transferred to the loss account and debited. If things are the subject of the proceedings, the ownership of them under Art. 234 GK receives a person who actually owns them. statute of limitations in civil matters The rules on the fate of money and property are equally applied to both individuals and legal entities. In addition, it is worth noting that the domestic legislation provides for the so-called restraining statute of limitations in civil matters. In this case, the ownership right may arise from the actual owner due to its expiration. This, in turn, can also serve as a basis for refusing to satisfy a claim. For example, a creditor may demand the fulfillment of debt obligations or property belonging to successors no later than 6 months from the date of acceptance of the inheritance. Along with this, the refusal to satisfy the claim after the expiration of the term acts as a basis for termination of the subjective rights of the creditor. Accordingly, ownership transfers to the actual owner. Civil Code

Finally

According to Art. 207 of the Civil Code, the rules that establish the statute of limitations may be applied to additional requirements. In particular, this applies to the payment of interest, penalty, interest, unearned income and so on. Claims for their receipt are extinguished with the expiration of the limitation period together with the original debt, regardless of the grounds for its occurrence.


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