Requirements not covered by the limitation period. General conditions for the use of limitation

In this article, we will learn the requirements that are not covered by the limitation period. And, in addition, you will have to understand how much time is devoted to protecting your own rights and interests.

What kind of concept are we talking about? Why was the statute of limitations invented? What conditions must be met so that this period does not take place? Understanding all of this will help the legislation of the Russian Federation. Not everything is as hard as it seems. It is enough to know just a few nuances. In some cases, statute of limitations does not play any role whatsoever. After all, there is one trick that will help not to take into account the studied period when applying to certain authorities to protect their own rights and freedoms.

Terminology

Requirements not covered by the statute of limitations are very important. But first you’ll have to understand what kind of concept we are talking about. What does the term studied mean?

It indicates the period of time during which a citizen can appeal to the court with a complaint about violated rights and interests. Its countdown begins from the moment when the victim found out about the violation or could find out about him. As a rule, if the statute of limitations has expired, the citizen loses the right to appeal to the judiciary.

We can say that the concept being studied is nothing more than a period allotted for the protection of the interests and rights of a citizen. It does not extend to all claims. There are some limitations. Which ones?

End of term

For example, it has already been said that it is possible to protect one’s own rights and freedoms even after the expiration of the specified period. To do this, it’s enough just not to say that he has come to an end. This is not considered an illegal action, but rather a small trick. A person whose interests are violated, simply goes to court, and then waits for the result.

What does the statute of limitations not apply to? This question is important. Indeed, in this case, claims regarding certain disputes can be presented at any time. For example, 5 years after the violation of interests. And this will be considered a legal action. So what are the limitations for statute of limitations?

The requirements to which it does not apply are spelled out in the Civil Code of the Russian Federation, in article 208.

List of basic requirements

There are some claims that are valid indefinitely. In this case, the deadline for filing complaints is unlimited. What is this about?

Allocate the following requirements, which are not subject to limitation:

1. When it comes to protecting the rights or other freedoms and interests that are not related to property.
2. Claims to banks on the issuance of deposits. Each depositor who has not been refunded can apply to the court at any time.
3. When there is an application for compensation for certain losses arising as a result of harm to a citizen. It must be inflicted on the life or health of the victim.
4. Any claims of property owners related to the violation of their legal rights and interests. The exception is cases in which a deprivation of ownership of real estate has occurred.

These are the requirements to which the statute of limitations does not apply. The conditions and nuances of each item should be considered further. After all, everywhere has its own characteristics. Statute of limitations is no exception.

Intangible goods

Now we can say about each component individually.After all, every citizen should know about their rights and how to protect them. The concept under study plays an important role in this case. It, as already mentioned, allows the protection of certain violations.

The first step is to consider requirements that are not subject to limitation (with examples) that are related to intangible goods. The fact is that such claims are not uncommon.

So what is considered an intangible good? Based on the established rules, we can conclude that the claims and claims relevant to the following points are relevant:

• human life and his health;
• honor and dignity of a person;
• immunity of a citizen;
• privacy rights;
• the inviolability of the home;
• secrets of the individual and family;
• freedom of movement and residence;
• name of citizen;
• copyright.

Accordingly, if violations related to the above items have been identified, you can go to court. These rights and freedoms are laid to the citizen in full. They are obtained at birth and are lost at death. In Russia, they are protected by the Constitution.

About authorship

What requirements the statute of limitations does not apply to is already clear. But what applies to each item? What features should be considered in this or that case?

Special attention should be paid to copyright. So, the authorship includes:

• name rights;
• opportunities to be the author of something;
• business reputation of a citizen;
• rights to publish works.

Such items include authorship for non-property reasons according to the Civil Code of the Russian Federation. Only you should pay attention to one caveat. Or rather, on a phrase that can bring a lot of problems to citizens.

Unless otherwise provided

We are talking about the expression "unless otherwise provided by law." This phrase can impose some restrictions on a person and his rights. In such cases, limitation may appear.

For example, a person has the right to work. At the same time, the Labor Code of the Russian Federation indicates that labor disputes have a limitation period. When it comes to dismissal, a month is allotted for the claim, otherwise - 3. The Supreme Court ruled that despite the presence of moral rights, cases related to labor relations should have a deadline for filing a claim with one or another court.

That is why it is recommended to pay attention to the wording in the legislation. They can interfere with the implementation of seemingly normal legitimate claims.

Bank Debate

Any claims related to the return of funds to depositors are requirements to which the statute of limitations does not apply. In accordance with the established legislation, citizens can demand money not only peacefully. The collection is possible in any way that does not violate the established legislation. For example, through the court.

You can give one clear example. There is a claim for the payment of interest on the use of the money of the depositor. By decision of the Supreme Court, such a statement is considered not primary, but secondary. It does not require a separate lawsuit - this is a kind of addition. It turns out that the main requirement (on the return of the deposit amount), as well as the secondary (on the payment of interest) have no restrictions on the time for filing a complaint.

Indemnification

Article 268 “Claims not covered by statute of limitations” indicates that those who wish to receive compensation for harm to health or life are not limited in time.

Here we have to take into account one nuance - a citizen can file a complaint at any time. But at the same time, compensation for damage will occur only in the last 3 years of life. Therefore, some restrictions still exist.

Despite all of the above, the courts are allowed to not take into account the established restriction if the defendant's guilt is fully proven. Limits equal to 36 months do not apply to claims related to terrorist acts.

Owner Rights

Now the requirements are clear to which the statute of limitations does not apply. Examples are also given. But these are far from all points. Indeed, quite often claims arise from the owners of a particular home. For such claims, as already mentioned, restrictions on the time limit for filing a complaint do not apply.

This is about negative claims. These are complaints that express the owner’s claims regarding difficulties in using the property. In other words, this is not about the loss of property rights, but about the hindrances in using it.

The most common lawsuits are claims by owners of shares. For example, if one person cannot fully use his part of the apartment due to obstacles set by another landlord. For example, by installing locks on the door.

Family

Now the requirements are clear to which the statute of limitations does not apply. Belarus or the Russian Federation - not so important. In these countries, the question under study has the same answers.

Family legal relationships are an integral part of a citizen’s life. But they are contrary to the Civil Code. What does it mean? For example, the RF IC does not provide for a time frame for the protection of any rights and freedoms that arise in the family. But there are some exceptions. The following claims may be limited in time:

1. In the absence of the consent of the second spouse to the transaction with the common real estate, the dissent has the right to invalidate the action. This takes a year from the moment when a violation of interests was discovered.
2. Division of property during a divorce. This process has a limitation period of 3 years.
3. Alimony. Matters related to child support are resolved at any time. But the collection of funds is possible only in the last 3 years.

What requirements does the limitation period apply to? Now understandable time limits regarding family relationships. Otherwise, there is no time limit for making claims.

Statute of limitations on other matters

But one more rather important point remained. The fact is that to know the requirements to which the statute of limitations does not apply is only half of the important information. A citizen must clearly understand how much time is allocated for him to make claims on certain issues.

What statute of limitations takes place in Russia? It all depends on the nature of the violation. The following features are provided:

1. Most often, the deadline for filing a lawsuit is set at 3 years. It is this limitation that applies to most claims.
2. Disputes related to housing insurance, as well as defects in the goods, have a limitation period of 24 months.
3. If protection is required related to claims discovered regarding deficiencies in the services provided (under a contract), it is necessary to keep within 1 year.
4. The preemptive right to purchase real estate or other property is subject to appeal for 3 months.

There are no more features in Russian law. The limitation period applies to claims that do not apply to exceptions. The duration of this period is no longer a mystery. Each citizen can decide how much time is allotted to him to protect violated rights and interests. In addition, it should be remembered that in judicial practice quite often the limitation period is not taken into account. Therefore, often even the expiration thereof is not a reason that may interfere with going to court.