Limitation of actions does not apply to what requirements?

Today we have to find out what claims and actions the limitation of actions does not apply to. In fact, everything is not as difficult as it seems. This issue is clearly regulated by the laws established in Russia. Only about them not everyone knows. Of course, everywhere there are their own peculiarities and nuances. They will also have to find out about them. Only then will it be possible to fully understand how much limitation of actions for a given case is. After all, in this case it will be possible to know about the restrictions with regard to the protection of their legitimate rights and interests.

Definition

The limitation period extends to claims of different types. But at the same time, not everyone understands the concept in question. What is limitation of actions? What time period does this term mean?

Under the limitation of actions it is customary to understand the time that a citizen is entitled to present his claims on certain issues. Once it ends, it does not make sense to go to court. The case will not be instituted. That is why it is important to know the laws established in Russia.

In outline

Requirements for which the limitation of actions does not apply can be listed without any problems. It is enough to look in the Civil Code of the Russian Federation. In it, in the 208th article, there is a clear list of cases in which a citizen is not limited in time to making complaints and claims.

At the moment in Russia, limitation of actions does not take place in the following situations:

1. When it comes to bank deposits. The refund of funds and all claims in respect of this matter do not have any time limits.
2. Non-property issues and intangible benefits. Such disputes can be resolved at any time upon application of the plaintiff.
3. Compensation for damage to life or health. But this paragraph has some features. About them a little later.
4. Any claims from property owners. The exception is violations that led to the loss of property rights.

The statute of limitations does not apply to the above points. Each situation should be considered separately. After all, everywhere there are special features that can bring a lot of problems to citizens.

Without property participation

So, the first point in the question under consideration is non-property disputes. They, as already mentioned, are solved at any time. That is, at the request of the victim. The statute of limitations does not apply to non-property matters.

What can be attributed to them? What cases belong to this category? In Russia, the following points are singled out:

• Life and health;
• honor and dignity;
• Inviolability of private life and home;
• Family secrets;
• Personal integrity (not to be confused with personal life);
• Freedom of movement and choice of place of residence;
• The name of the person;
• Copyrights.

Accordingly, all these rights and freedoms were given to a person at birth. No one can take them away. Not transmitted in any way. Therefore, citizens are able at any time to file a claim for violation of previously listed rights and freedoms.

Copyright

Special attention is required by copyright. After all, not everyone understands what is attributed to this component of non-material disputes.

At the moment, authorship means:

• Publication rights;
• Reputation of the author;
• The right to authorship in principle.

Disclaimer

The statute of limitations does not apply to the previously listed items. But before you go to court, you need to pay attention to some of the nuances. The fact is that citizens can not take into account one important reservation. It will bring a lot of problems when filing a lawsuit.

What is it about? There is a phrase that sounds like "unless otherwise stipulated by law." This means that some disputes will still have statute of limitations.

This issue is resolved on an individual basis. Pay attention to each case. For example, labor relations. They can be attributed to non-property rights. From all the above, it follows that these are the requirements for which the limitation of actions does not apply.

Only at the same time, labor relations are regulated by the Labor Code of the Russian Federation. And the Supreme Court has recognized that cases involving this component, despite their non-property nature, will have a time limit for applying to the court to protect their rights and freedoms. For example, dismissal issues can be settled within 30 days, and all other violations - within 3 months from the time of their detection.

Banking business

The next item is banking. The limitation period does not apply to cases involving the return of deposits. And this applies to any claims of citizens. What does it mean?

For example, a person requires to return interest on the deposit. This claim, it would seem, to the contributions has no significant relationship. But this is not so. In Russia, this issue is recognized as secondary. In the sense that it is usually not the main one. The guiding question in this case is still the return of money on the deposit. Therefore, claims regarding the collection of the imposed interest will not be statutory. But this feature, which must take into account every citizen, does not end there.

Harm to life and health

Does the limitation period apply to compensation for damage to health / life? This has already been said - no. It is important to know about one limitation, which is often forgotten.

The fact is that you can file a claim for compensation for harm caused to a person's life or health, at any time. But the damage will be collected only for the last 3 years. The countdown begins after the filing of the claim.

Accordingly, if the damage was inflicted for 5 years, then "in credit" will go only 36 months. And the last. It is this restriction that is legal. For the entire period of time in this case, you will not get compensation.

As an owner

What are the requirements for limitation of actions? All the components were listed earlier. But each item has its own characteristics. Quite often in Russia there are claims from owners. On them, as has already been emphasized, there are no restrictions on the presentation of the claim.

Only negatory complaints are taken into account. What it is? A negator claim itself represents a statement from the owner expressing the presence of interference caused by other persons or organizations. They should stop using the property to the fullest.

As practice shows, the claims of the owners of shares are most common here. For example, when one person can not get into the apartment due to the fact that the second owner changed the locks on the door and refuses to give out the key.

Accordingly, this type of claim can be made at any time. Only if it is necessary to compensate for the damage from the offense, then it can be returned only for the last 3 years.

Family code

Does the limitation of actions extend to family legal relations? This question interests many. After all, it is not always clear how quickly it is necessary to sue in this or that case. Family disputes - this is what in practice occurs often.

In fact, there is no statute of limitations in the Criminal Code of the Russian Federation. But there are some situations that still have limitations on the time of presentation of the claim.

What are the cases? Under the law in Russia, the limitation period extends to claims related to family relations only in the following situations:

1. In matters of transactions with joint property. Dissenting with the process, the spouse can recognize the action as illegal throughout the year. The count begins after the person has learned about the transaction.
2. Aliment disputes. You can collect money only for the last 36 months. And nothing more. But the citizen is able to file a lawsuit at any moment.
3. Property division. This process takes 3 years after the divorce. The countdown does not begin from the date of dissolution of marriage, but when one spouse has violated the rights of another.

Such rules are in effect in Russia in 2016. Now it is clear what the Russian legislation is putting forward. The limitation period for family disputes is extended only in certain cases. In the rest, spouses and relatives have the full right to file a claim at any time.

Restrictions

Nevertheless, it is necessary to study also the established limitation of actions for certain cases. Only then will it be possible to soberly assess the situation and find out how much the claims are legitimate.

At the moment the limitation period extends to the requirements:

1. With regard to property insurance contracts. It is 2 years from the time of the violation.
2. Affairs related to the contract of employment. The resolution of the situation takes 1 year.
3. If the pre-emptive rights to purchase real estate are affected. Appeal is possible for 3 months.

This is a special time for making claims. For other cases, the statute of limitations will be 3 years. In some situations, there are exceptions. They need to pay attention.

Bypassing the law

If the limitation period has come to an end, the citizen loses the opportunity to file a complaint. This is how many people think. In fact, the situation in the judicial practice is somewhat different. Victims can still apply to the court with claims. It is recommended simply not to say that the limitation period has come to an end. Then the meeting will be held legally. And the decision will also be made by law. There are no violations in such cunning.

Also, the legislation of the Russian Federation allows in some situations to ignore the limitation period, which is equal to 36 months. It is this practice that is most common. Therefore, do not think that after the expiration of these periods, there is no point in going to court.

Conclusion

From now on it is clear on what requirements the limitation of actions does not apply. In fact, this issue should not cause serious problems. After all, as already mentioned, quite often the established restrictions are ignored.

In any case, if human rights are violated, it is necessary to declare this as soon as possible. Otherwise, you can not achieve justice at all. Therefore, it is recommended that a claim be sent to a court as soon as possible. Then you can not think about the statute of limitations in principle. This information is important, rather, for those to whom the claims will be made. Now it is clear what the limitation period applies to. A complaint with a claim is recommended to be submitted immediately after the violation is detected.