In life there are circumstances when a person for some reason cannot or does not want to fulfill his obligations. Is the customer or creditor completely powerless to influence the situation? But there are unauthorized invasions and seizures, causing harm to health. And will the sword of expectation of punishment hang forever over the head of the guilty Damocles?
The timing
A person wants all the bad or causing tension of the will, mind and body to ever end. After all, even after your favorite work or evening with dancing, rest is required. Therefore, people everywhere face deadlines. There are validity periods for subscriptions, bank cards, deadlines for submitting documents, fulfilling projects, fulfilling promises, and many others. The concept of terms permeates the legislative and administrative aspects of our lives. Timing is a kind of compass in time space. Calculation units such as hours, days, months, years are used in everyday life no less than banknotes. It is on them that the time periods set by lawmakers and law enforcers to streamline human life are based.
Term in Civil Law
The term "limitation period" appears in jurisprudence. In the Civil Code, Art. 195 they indicate the period that the injured party has for the legal renewal of violated rights. Its counting starts at the moment when a person finds out about the incident. In addition to time periods, the term is indicated by an independent calendar date or action expected in the future. For example, a two-month period beginning on December 31, 2018 will end on February 28, 2019 inclusive, that is, within a calendar month. A half-month period lasts 15 days. Correction occurs only if the implementation of the expected action depends on the work schedule of a particular organization. Then the next working day following the last day of the term will end the period of the limitation period (LED). If the plaintiff registered a registered letter with a statement to the court at the post office before 24:00 of the last day of the term, then he met the deadline.
What is it for
The limitation period gives the citizen time to think over the tactics and strategy of his actions, to make attempts to solve the problem peacefully, after the exhaustion of which there is time to go to court. For the guilty party, the end of the term of possible punishment can be a deliverance from an excessive load, a way out of a deadlock. For citizens in general, especially those with an interest in business, the statute of limitations in the Civil Code of the Russian Federation is some guarantee of a fair course of affairs, a factor of stability in financial, industrial, commercial and other respects.
Total term
Resolving most business troubles requires approximately the same amount of time. After all, the main problem is to find out whether the contractor or the debtor intends to fulfill his obligations. The general limitation period of article 196 of the Civil Code of the Russian Federation establishes a duration of 3 years. But there are other terms. In order to go to court, the injured person must identify who is to be charged.
If the obligation is not implemented on time, then the 200th article of the Civil Code of the Russian Federation declares the limitation period to be launched from the date of the deadline for its implementation.
If the duration of the contract is not specified or begins from the moment of the request, then the LED starts from that time. If the deadline for the requested execution is agreed, then the LED countdown starts after the end of this period.
In the event that the rights of the minor are violated, the SID begins on the day on which one of the parents or guardian becomes aware of this. If unlawful actions come from such a person, then the calculation of the term starts when the second, conscientious guardian of the child finds out about the circumstances. Otherwise, the victim will be able to protect himself after the required age (14 years).
The LED flow for regressive obligations starts from the date of fulfillment of another's promise.
Pre-term
According to paragraph 2 of Art. 196 of the Civil Code of the Russian Federation:
“The limitation period may not exceed ten years from the date of violation of the right for the protection of which this period is established.”
In this regard, almost every time two independent terms are launched simultaneously. The second term limits the time period in which the first term may be. If, within a ten-year term, the plaintiff went to court legally or the obligated person acknowledged the existence of a debt by his actions, the court is obliged to protect the violated rights of the citizen. Special periods of limitation of action of the Civil Code of the Russian Federation follow the order of the general term. When considering LEDs, the conditions for suspension of calculation can only be established by law.
LED break
Despite the fact that the statute of limitations for the Civil Code of the Russian Federation has expired, the case of violation of the right is accepted into legal proceedings. Only the statement of the second party on the fact of the end of the SID, made before the court made the decision, forces the court to terminate further judicial actions. At the same time, attempts to unilaterally compensate for losses by unauthorized alienation of the pledged property in their favor, direct debiting of money from the defendant's accounts and other means are not supported by law. Change of persons in the contract from any side does not affect the course of the limitation period under the Civil Code of the Russian Federation.
LED Suspension occurs:
- if during a time that has taken place over the last six months of the LED, force majeure circumstances have occurred that prevented the filing of a claim;
- due to changes in the implementation of legislation;
- for the duration of the trial;
- if one or both sides of the dispute serves in a combat readiness unit of the Russian Federation;
- if the parties to the unfulfilled agreement decided to use mediation of third parties outside the court for the purpose of eliminating the conflict, the LED will be suspended for 6 months.
When obstacles are removed and the dispute remains unresolved, in accordance with Art. 202. Civil Code of the Russian Federation, the limitation period continues to flow. If less than six months are left until its end or the whole period is less than half a year, it is extended to 6 months or to its original size, ≤ 6 months.
Renewal
An interruption of an LED differs from a suspension in that after the end of the interruption, the statute of limitations starts anew. For an interruption to occur, a person obligated or authorized by him must perform one of the “acknowledgment” actions listed below.
• Pay part of the debt and / or penalties.
If the amount paid is equal to the amount of the claims submitted, it does not follow from this that the debtor recognized the full amount of the debt. Therefore, the court may not renew the size of the LEDs. The case when the contract provides for such a method of payment also does not change anything.
• Pay interest for the provision of the principal amount or for late payments stipulated in the contract.
• Ask for a revision of the contract in order to extend the deadline for final settlement.
• Recognize the requirement by responding to it in writing. For example, when the debtor agrees to pay half the amount of the debt in response to the request of the creditor, this does not prove the real amount without additional documents, but confirms the fact of the existence of the debt. Therefore, a new course of the general limitation period for the Civil Code of the Russian Federation begins.
• In relations between organizations: the debtor company sends a letter of guarantee with a request to accept the developed payment regime and confirmation of its obligations.
• Provide the creditor with the right to debit directly from his account.
• Verify settlements with the creditor and draw up an act based on the results, indicating the circumstances of the debt and linking the dates to specific parts of the debt amount.
• Sign a document in which the creditor satisfies the disputed claim regarding the write-off of part of the debt.
• Transform an obligation that arose upon conclusion of a lease, sale or purchase agreement into a debt obligation.
• Offer compensation for termination of obligations (in writing).
These actions will undoubtedly interrupt the flow of LEDs in the event that the above-mentioned transactions are later declared null and void, since recognition of the existence of the obligation is obvious.
Instead of the debtor, other persons may recognize the debt by virtue of:
• a power of attorney issued in their name;
• official duties documented (contract, job description).
Not evidence
The position of deputy director, deputy commercial or financial director cannot be a guarantee that they are authorized to certify the above documents with their signatures. If the debtor withdraws from the solution of the problem, does not respond to the requirements, refuses to reconcile the remaining debts and does not even dispute the possibility of direct debiting used by the creditor, this is not a recognition of his obligations. The defendant can continue to cooperate with his creditor and this also does not threaten him. Full repayment of the principal debt does not prove the obligation of the debtor regarding additional requirements, which include interest on the use of money, forfeit, damages, collateral. And this will not cause LEDs to interrupt on these branches of the debt tree.
Penalties
Failure to meet the payment deadlines for monetary obligations has negative consequences for the debtor, which during the period of limitation of actions under the Civil Code of the Russian Federation, 395th Art. look like this:
"one. In cases of unlawful retention of funds, evasion of their return, other delay in their payment, interest on the amount of the debt shall be paid. ”
The Bank of Russia key rate, which was in effect during the relevant periods, sets the amount of interest for such transactions, unless the conditions for payment of the penalty are specified in the contract.
2. If, as a result of non-receipt of the amount expected to be returned on time, the creditor's losses exceeded the amount of interest accrued in accordance with the key rate, he has the right to claim the rest of the funds from the debtor.
Debtor protection
An obligated person, being a citizen, also has the right, according to the Civil Code of the Russian Federation, to defend his interests within the statute of limitations. Court
- cancels the calculation of interest on interest;
- will reduce the penalty interest prescribed in the contract if their amount significantly exceeds the size of the losses incurred by the creditor, but not lower than the key rate of the Central Bank.
Good to know
If the debt collection LED is released, the lender can recognize the debt as bad and delete it from the tax base. Therefore, you need to look at the circumstances, whether it is beneficial to renew the LED, or it will continue to bring only losses and a headache. If there is hope for a return of funds, the easiest way is to insist on annual reconciliations to postpone deadlines.
An obligated person who has fulfilled his duty after the end of the SID loses forever the right to these materiel, even if it did so only because he did not know about the termination of obligations. If the debtor confirms his debt in writing, the limitation period for the Civil Code of the Russian Federation resumes.The end of the LED on the basic requirement entails the completion of the opportunity to submit claims for all additional requirements, which include mortgage, interest, guarantee, even if they are drawn up after the termination of the limitation period for the main claim.
No statute of limitations
The limitation period is not limited to the requirements:
• on the protection of intangible goods (personal integrity, business reputation, personal and family secrets);
• on the issue of bank deposits;
• on compensation for damage incurred by health or life (loss of a breadwinner, moral damage);
But the law provides that past expenses associated with an attempt to eliminate harm are reimbursed for a period of time not exceeding three years.
• the owner to protect any of his property rights, even if he is not the owner, but the future heir, manager or person using material means due to production needs.
Conclusion
It is possible that many citizens who have suffered from various violations of their rights will find the time frames considered too short. But the study of historical materials and the experience of foreign countries led lawmakers to the conclusion that long periods lead to excessive loading of ships, issues have not been resolved for years. Short deadlines encourage citizens not to relax. And also do not raise the dust of past redistribution of property. As the saying goes: “The past cannot be returned.”