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Statute of limitations in civil law: types, significance, suspension and restoration

Considering the concept of the limitation period in civil law, first of all, it is necessary to determine the importance of this issue for practicing lawyers and theorists. Timeliness of the implementation of property or non-property privileges is the key to the successful fulfillment of the goal of the subject of civil relations. Without meeting the deadlines for fulfilling obligations under the contract, as well as statute of limitations, the existing legal relationship will lose reliability, permanence and fundamentality. The value of the statute of limitations in civil law is most often determined by specific circumstances, the establishment of which after the lapse of time does not guarantee reliability. In order to avoid contentious situations, the parties shall determine in advance the permissible time frame, which will allow them to use the vested rights or restore them in case of violation.

According to the Code, an entity whose right has been violated, a legal entity or an individual, has the opportunity to file a claim with the appropriate authority. In Russia, the judicial branch is vested with competence in resolving these issues. Meanwhile, the ability to defend the rights has a limited time frame, which is called the statute of limitations, at the end of which the interested person or organization-entity is effectively deprived of the opportunity to file a lawsuit with the aim of forcibly rehabilitating the violated rights.

Why is statute of limitations in civil matters necessary?

If we talk about statute of limitations in the procedural context, then the plaintiff can file an application containing requirements and claims at any time, including after the expiration of all possible limitation periods. In civil law (in 2016 and 2017, no changes were made to the relevant sections of the Civil Code of the Russian Federation) the limitation period of the claim period is implicit in the submission of claims by one of the parties. limitation periods in civil lawThe decision on the legality of the applicant’s rights is taken in the course of a direct trial. In particular, the reasons for the disruption of the allotted period are specified, the existence of legal grounds for resolving violations is established.

For normal legal relationships between any enterprises or non-trade organizations, the principle of the claim period is irreplaceable, because thanks to it:

  • accounts receivable are eliminated;
  • viewed payment discipline;
  • the effectiveness of the applied sanctions measures of a property nature is increasing.

In what cases do not apply prescription periods?

It is necessary to highlight some positions to which the terms of protection of civil rights are not applicable. Statute of limitations is not used in the presence of at least one of them:

  • in case of violation of non-property benefits, which include rights of intangible content (reputation, dignity, intellectual rights, etc .;
  • to the requirements of depositors about receiving deposits in state financial organizations, state banks (as a rule, they find a solution mutually beneficial for both parties);
  • upon appeals of the injured or dependent, the survivor, in order to compensate moral and material damage to the managers of the enterprise.

The list provided is not exhaustive. More details can be found in art. 208 Russian Civil Code.Meanwhile, the concept of the limitation period in civil law is important to distinguish from other periods found in civil law. For example, the most common mistake is the identification of statute of limitations with the claim periods and acquisitive prescription.

Speaking about the time period that is provided to the parties to the dispute, it is worth noting that it is applicable only until the filing of the claim for the rehabilitation of the violated rights to the court and is a part of the statute of limitations. As for acquisitive prescription, theorists interpret it differently: according to the codified law, certain time frames are established beyond which applicants can acquire property rights. For clarity, we should refer to the articles of the Civil Code of the Russian Federation as an example: in case of unquestionable actual ownership of property for a long period (for real estate 15 years, in other cases up to 5), the plaintiff gets a chance to acquire ownership of it.

The main principles for the application of claims

Regardless of the type of entity applying for the suspension or return of limitation of actions, Russian legislation provides an equal approach to all participants in civil law. This model for determining the timing corresponds to modern trends in market relations. types of limitation periods in civil lawThe existing general and special types of limitation periods in civil law allow a wide range of applicants to defend their interests, however, a set of generally binding conditions applies to the terms established at the legislative level. Of particular note are the following:

  • admissibility of a lawsuit in exceptional cases, with a specific violation of civil law;
  • the possibility of filing a statement of claim only by a competent person;
  • invalid are any agreements between the parties to the agreement regarding changes in the statutory periods for filing a claim;
  • the completion of the deadlines does not serve as a legal basis for refusing to accept and consider the plaintiff's application.

Time limits that will protect your rights

As mentioned above, the types of limitation periods in civil law are conditionally divided into two subgroups. The Civil Code of the Russian Federation establishes a general period for the exercise of assigned rights and obligations, or the protection of interests in case of non-compliance - 3 years. For the full implementation of civil law the general limitation period is considered to be precisely this period. Despite the fact that it is necessary for the direct restitution of the legal balance, it is not used in all cases. In particular:

  • applications for the recognition of invalid or unlawful regulatory acts of state structures;
  • recourse claims;
  • claims for the separation of movable and immovable property in a divorce proceedings;
  • claims for the collection of fines, penalties, payments for forfeit, return of budget funds;
  • reimbursement of financial expenses when caring for the testator, his funeral, etc.

Special term: what it is, when applied, what happens

In civil law, special limitation periods are divided into two groups: exceeding the total duration and shortened. As the most striking example for the application of a longer prescription, one can imagine the invalidity of the transaction. The law stipulates the possibility of filing claims in court for 10 years following the commencement of the execution of the contract.

The reduced periods find their use in the event that the signed agreement is recognized as illegal, as well as in claims arising from the contractor's deviations from the main obligations of the transaction. The plaintiff will be able to protect his own interests only in the next 12 months.If claims arise from insurance conditions, then it is advisable to exercise your civil rights within the limitation period (not more than 2 years in this case). The requirements that are put forward when the quality of work performed in accordance with the contract is inadequate take their count from the day the claim is submitted. At the same time, for the legitimate protection of violated civil law, special limitation periods should not exceed the so-called guarantee period.concept of limitation period in civil law

General terms are usually used in all cases if the law does not specify a limitation of the period of limitation. Most often, plaintiffs have to deal with setting reduced deadlines in controversial situations in the field of logistics and freight transportation. Depending on who initiates the trial, determine the minimum duration of the claim period - from a couple of months to six months. It follows that the time limit helps to stimulate the speedy resolution of disputes arising in the course of fulfilling obligations under business contracts and not using the corresponding rights.

In addition to the fact that the limitation period is of fundamental importance in civil law, the ability to accurately determine the moment of its course also plays a significant role for the applicant. In accordance with the codified legal acts, this moment coincides with the appearance of the plaintiff’s right to file claims, but even the slightest conflict of standards will not allow you to accurately establish the time limit for making claims.

Deal with the time of start, the countdown of the time period of the same period for filing a lawsuit, help recommendations and a civil code. The latter explicitly states that a citizen or organization can file a lawsuit at any time if it is aware of a violated right or its forthcoming ignoring by the defendant.

Features of the course of limitation. How to suspend deadlines?

The limitation period in civil law is determined by the general rules and is continuous. Persons whose rights have been violated have the opportunity to file a lawsuit throughout the entire period. In this case, we are talking about the emergence of circumstances independent of the applicant, which deprived him of the opportunity to submit claims in court in a timely manner. The way out in this situation is the suspension of the term. In civil law, statute of limitations can be delayed. suspension of the limitation period in civil lawIn practice, this action is resorted to so that in the event of legislatively agreed circumstances, the plaintiff has the opportunity to receive a legal “time out”. As soon as unforeseen circumstances cease, the limitation period will continue its course. The suspended statute of limitations allows the applicant to exclude the time period during which force majeure or insurmountable conditions took place. A number of similar circumstances that have been in force over the past six months include:

  • emergency incidents, including natural disasters, epidemics, pandemics;
  • moratoria - delays in the performance of obligations;
  • military service.

Given that the cessation of the above circumstances does not fully enable the immediate filing of claims, after the suspension the period allowed for circulation is extended to 6 months. The statute of limitations in civil law may be suspended upon the occurrence of other events or the presence of additional conditions. For example, statements of claim demanding compensation for damage due to harm to health or death are suspended by contacting the person in the appropriate structure for the assignment of benefits or social benefits.

Can I renew the period for filing a lawsuit?

In civil law, the beginning of the limitation period can be re-calculated if, expiring before the delay, this period is not taken into account and fully compensated. The time elapsed before the occurrence of the explanatory circumstances is taken into account when calculating the updated statute of limitations, if the time limits have been suspended. A good reason for interruption will be the filing of a claim in the prescribed procedural order. Otherwise, nothing else can guarantee the suspension of deadlines.

In order to officially interrupt the course of the claim period, the obligated person should take actions confirming his recognition of the debt, intent to repay the debt and fulfill any other obligations. And although formally it is enough to directly declare the desire to partially repay the debt, to request a deferment, in practice in the course of disputes between individuals and legal entities, the recognition of liability for reimbursement of debt by one side does not serve as a weighty reason for resolution.special limitation periods in civil law It is understood that the restoration of civil rights and statute of limitations would not guarantee the strengthening of discipline of the transaction and increase the solvency of the debtor.

Judicial Proceedings

By the way, the renewal of the deadlines for filing a statement of claim is important to distinguish from the concepts of suspension and interruption of the limitation period. In order to defend the violated rights, it is enough for the plaintiff to make an application in the near future and indicate in it the reason for the pass, which cannot serve as a basis for interruption or suspension.

Moreover, the Civil Code of the Russian Federation does not contain an exhaustive list of circumstances that would be considered by the court as justifying reasons for missing the statute of limitations. Under those that impede the timeliness of filing a claim, it is understood, for example, the applicant’s illness, documented.

The decision on the issue regarding the renewal of the statute of limitations for filing a claim is the responsibility of the judges of general or arbitration courts. If the stated reasons for the admission are recognized as valid, the authority shall restore the statute of limitations, and not extend it.

The need to comply with the limitation period is determined by a list of various factors in which a particularly important role belongs to the probable consequences arising from their expiration. In this case, the possibility of upholding the violated rights through judicial coercion is excluded.

Determining the importance of establishing and observing claims, it is impossible not to mention the application of peremptory legal norms. Regardless of the form of legal relationship, the mechanism of limitation or change of its terms is determined only at the legislative level, and therefore it is possible to suspend or interrupt the course of a period only on the grounds prescribed in the Civil Code of the Russian Federation. Meanwhile, the norms of the limitation period can be applied only upon presentation of the claim of the applicant. In this sense, limitation of actions implies a weakening of the right to a statement, but not a prohibition of the very right belonging to the subject. In this case, the protected party is not able to use its right after a specified period.

Civil law of the Russian Federation and the Republic of Belarus: application of limitation periods

In many ways, the principle of statute of limitations established by the legislation of the Russian Federation is similar to the civil norms of Belarus. For example, the total period for submitting an application in this country is exactly the same as in the Russian Federation for three years. Speaking about the civil law of the Republic of Belarus and the statute of limitations, it is impossible not to note that here the maximum possible time for filing claims is 10 years from the date of fulfillment of obligations under the concluded transaction.the limitation period in civil law is

The plaintiff may submit a statement of recognition of the agreement as illegitimate to the court within a three-year period from the date of termination of the circumstances that affected the completion of the contract. The same period applies if the applicant has learned of other circumstances that would allow the transaction to be considered invalid. If there are certain obligations, the limitation period can be given immediately after the date of their implementation.

By analogy with the Russian civil law base, cases are envisaged in the Republic of Belarus for restoring the lost statute of limitations for filing a claim. The court must recognize the reason for the pass as valid. The list of grounds for satisfying the stated requirements can be very impressive, but in any case, the statute of limitations in the Republic of Belarus does not apply under the following requirements:

  • in case of violation of personal rights of a non-property nature arising from intangible benefits;
  • when returning a bank deposit and claims to a financial institution;
  • for the purpose of material compensation for damage in case of damage to health, death;

  • under other circumstances specified in the regulatory legal acts of the state.

Institute of statute of limitations in civil law and its significance

From the above it follows that the limitation periods in the civil law of the Russian Federation play a significant role in lawmaking. Due to the clearly established period during which the applicant can restore his violated rights, it is not difficult to determine the beginning and end of the legal relationship. Statute of limitations to a greater or lesser extent promotes the establishment of discipline for both parties to the contract. With the competent legitimate application of the terms, the rights of all subjects of civil specific legal relations are maximally protected.

Based on the content of the terms, which is the implementation of a specific action or event, limitation itself does not acquire significance. The importance of the use of prescription periods is determined by certain circumstances. Moreover, the terms do not occupy a separate place in the system of general legal facts along with actions and events. In other words, the established periods give rise to legal consequences.

The statute of limitations in civil law is rarely associated with the principle of absolute perpetuity. And yet, the most striking example is ownership. Owning a thing is not limited to time, the owner will be able to use and dispose of it when he needs it. But here there are some exceptions.

The same owner, but now we are talking about a participant in common shared property, may, at his discretion, dispose of property, up to and including alienation. But the laws of the Russian Federation protect the rights of the remaining participants in shared ownership: in order to transfer its part to the ownership of the buyer - an unauthorized person, the seller needs to receive the refusal of each of the partners in the shared property from the right of preemptive purchase. This period is 1 month.limitation periods in civil law 2016

Application of the very concept of limitation periods in civil law allows not only to realize their legal rights, but also to protect them in case of violation. Timely legitimate steps will help achieve your goals by entering into a civil relationship. In order to avoid missing deadlines and losing the chance to restore justice, it is worth taking care of the realization of your rights in advance.


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