Limitation of actions in civil law - conditions of state protection

Civil legal relations - this is a specific area, the regulation of which, in general, is built on the disposability of norms. But carriers of the subjective right have the right to rely on the protection of this by law-enforcing bodies during a certain period of time regulated by law. It was such a term that got the name "Limitation of actions in civil law".

Based on the very essence of civil legal relations, the category of prescription is multifaceted. And, consequently, it is important to clearly imagine what it includes and what varieties it shares.

The concept of

The very definition of limitation of actions can be formulated quite simply - this is the period during which the subject is entitled to apply for protection of personal legitimate interests arising in the civil law field to the competent authority. However, this definition is too vague and needs clarification.

First , the statute of limitations in civil law is the general period established by law to uphold their rights in the competent bodies. It follows that this period of time does not stop in case a person has filed a claim for the protection of his rights in the court.

Secondly , the establishment of a clear period of limitation is not formal, but practical. Its significance lies in the fact that the competent authority has the ability to accurately establish the truth in the case, as well as ensure the timeliness of the protection of rights.

Thirdly , the statute of limitations in civil law actually guarantees the strengthening of the rights of the acquirer and protects them from unfair encroachments.

The establishment of these three characteristics allows us to conclude that the statute of limitations appears to be a special institution of civil law that promotes the strengthening of constitutional rights of ownership of tangible and intangible objects.

Types of statute of limitations

The legal doctrine and practice developed two main categories of statute of limitations, to be more precise: general and special.

The general statute of limitations is fixed by the legislation in the general provisions on civil legal relations. It is applied in those cases when special rules of law do not regulate otherwise. The general limitation period has one, but very important characteristic - it can not be changed by the will of the parties - participants of legal relations. The law of the Russian Federation provides for the general limitation of actions in civil law for a period of three years (see the provisions of Articles 196 and 198 of the RF Civil Code).

A special version is based on specific instructions of the civil legislation on changing the period of the general limitation of actions by means of its prolongation or reduction. A vivid example of this kind is the provisions on challenging the quality of work or transportation services. And just like the general, special variety has imperative character regarding the time interval.

Types of limitation periods

Depending on the various categorizing features, jurists give different typologies of this institution of the civil law branch. The types of limitation of actions considered above can be considered the first division, conducted on the principle of subordination to the general rule.

The second qualifying sign consists in determining the time when the limitation period arises. Therefore, it can be conditionally divided into the following types of terms:

1. The timeframe, calculated from the moment when the rightholder was to learn about the fact of violation of rights.

2. Terms beginning at the time of the final performance of the obligation.

3. The dates, which date from the moment of discovery of the deficiencies stipulated by the agreement or legislation.

The other types of limitation period have a situational character and can only be classified for certain civil relations.

In conclusion, it should be noted that the statute of limitations in the civilian branch of law is one of the fundamental institutions, a clear understanding and competent use of which makes it possible to effectively apply its right to protect legitimate interests in strictly specified terms.