The general limitation period is ... CC RF: the limitation period

The habit of postponing business for tomorrow is inherent in many. Some justify this by their busyness, others - they explain it directly with their own laziness. However, in some situations, such a position can lead to unpredictable, and often unpleasant, consequences. We are talking about judicial proceedings. So, many people have some important cases, for the solution of which it is simply necessary to apply to the judicial authorities. This may be the collection of the old debt, and the recognition of any third-party action as invalid. In certain cases, if you miss the deadline, which is given by the state to a judicial appeal, the court decision may not be in favor of the plaintiff. The court in this case will refer to the expiry of the statute of limitations.

Limitation of actions. The wording

Any person has the right to go to the judicial apparatus for the protection of personal rights. However, the legislator, setting a time frame for filing such a statement, on the one hand, protects the rights of this person, on the other hand, protects to some extent the interests of the defendant. The latter can not be his whole life in a state of uncertainty, every day waiting for a claim to himself, therefore the state applies such prescription. She also encourages the plaintiffs and applicants to apply to the court on time for the protection of criminal law.

The statute of limitations is different from other periods, for example, acquisitive prescription. It is due to the lack of opportunity, if the limitation period has passed , to protect their rights through the court in a compulsory manner. At the same time, the termination of such a term does not deprive the applicant of the right to file a statement of claim.

The general term

The Civil Code of the Russian Federation defined such a period. Legislation, he called general, that is, referring to the primary type of appeals to the judiciary. In other words, the general term is always applied, if there is no specific deadline. According to the specified legislative act, the general term of limitation of actions makes 3 years. This period extends to legal relations arising between citizens, between organizations, as well as between citizens and legal entities. It is noteworthy that even if the parties that have concluded a contract with each other establish some special terms in it, such a condition of the contract will not have the force.

Special term

In order to determine whether the limitation period is common, it is necessary to know whether the situation that has arisen, or rather, the possibility of its appeal, is regulated by special deadlines. In general, such special parameters have all the chances of being both longer and shorter than the generally established ones. Special periods are regulated by laws, including the Civil Code.

For example, the Civil Code the limitation period of ten years is determined for the plaintiffs' appeals to the judicial authorities with statements of claim about the use of the results of the invalidity of the invalid contract. However, most often in civil law there are not elongated, but, on the contrary, shortened terms. So, on claims for invalidating certain types of transactions, this period can be 12 months. An identical time interval is also established for claims against carriers. Two years is given for filing requirements for insurance companies.

How is it used

Although the general limitation period is 36 months, the judicial authorities do not have the right to refer to this without accepting a citizen's application. The application of such statute of limitations by legislation is provided only in the event that the party of the respondent declares this. The skip of the limitation period in itself does not mean that the matter will not be disassembled and will be subject to termination or denial of the claim. If the respondent wants the court to apply this rule, then he must declare a relevant demand to the court, though verbally, even in writing. If such an application is not received, then the court can not independently apply the statute of limitations.

It should also be taken into account that if several respondents are involved in the dispute, then the application for a pass and its application by the court must be submitted by all. If it is filed by only one defendant, then the judge uses the statute of limitations only with respect to this defendant. There are exceptions. The court can refuse the plaintiff if there is such a statement from only one defendant, if the claims of the plaintiff can not be fully or partially fulfilled by others. For example, such a situation may arise when filing a claim for the reclamation of a motor vehicle that is shared by many persons.

It should be noted that the application of the statute of limitations is also likely on the claim of the plaintiff, and not just the defendant. However, for obvious reasons, this is extremely rare. Basically, such claim is claimed by the contractor of the plaintiff.

Legislation also establishes a time limit for filing a claim for the application of the limitation period, such a claim must be filed not later than the final judicial act. That is, the claim can be claimed during the trial, in the arguments of the parties, while studying the materials of the case, but before the court retires to the advisory room where it will make its decision.

Calculation of the term

The legal act in the field of civil legal relations accurately determines the period from which the period of limitation period occurs. This is the number when a person inquired about the non-observance of his powers. If the plaintiff has not been notified of this, but due to some objective circumstances he was obliged to know about the violation of his rights, the term will still begin to flow from this moment. An example is an agreement concluded by the parties, under which the seller is obliged to deliver the goods to the buyer in the five-day period, following receipt of the relevant payment document from the latter. In the event that the seller did not fulfill his obligations and the payment document arrived, the limitation period under the contract will begin to be calculated at the end of this 5-day period.

The passage of the term is not affected by the fact of who applied for the protection of violated rights. That is, if a liquidation commission has submitted a corresponding claim to the debtors of a legal entity that is in the process of liquidation, it has no right to substantiate its claims with what has only recently learned about the existing debt. The limitation period for the debt in this case will be calculated from the moment when the liquidating organization learned about it.

When determining the moment when the calculation of such a period begins, it is necessary to delineate the date of the offense and the date when the person whose rights were violated learned about it. It is not difficult to determine such a period when the plaintiff learns of the offense on the same day. However, he can learn about it and much later. For example, an apartment in common ownership was divided between several owners. At the same time, the consent of any owner on a business trip was not claimed, and in general, the section was made without taking into account its share. The starting point for calculating the time limit for such a deprived owner will be the day when he becomes aware of the violated rights.

Sometimes there are situations where a person is obliged to know about the violation of his rights on the basis of concluded contracts with a certain moment of performance of obligations. Example. In loan agreements, which are concluded between the bank's customers and the bank itself, the period when the loan is to be repaid is indicated. At the approach of this day, in the absence of payment, the deadline for the presentation of claims and claims by the bank begins.

Can the period be suspended

The civil legislation of Russia provides for cases under which during the period of limitation period can be temporarily stopped. And although the general limitation period is thirty-six months, at the cost of such suspension it can actually be longer. In fact, this suspension is due to the fact that at certain times in certain situations the plaintiff can not exercise his right to defense in court.

The Civil Code of the Russian Federation terminates the limitation period for the following reasons.

1. Action of force majeure. It is clear that some natural disasters may fall under this term. However, the actions of people, for example, military actions or strikes, as well as other mass disturbances of people, can also be attributed to the circumstances of force majeure. For such a circumstance, an extraordinary character is characteristic, which is uncharacteristic of the normal and full-fledged development of relations. However, such circumstances should be considered impossible to prevent. So, for example, if a storm, whose strength is five points, at sea will be considered for a small ship an insuperable force, then a similar storm of the same force for a heavy cargo ship will not be such. In any case, the definition of a situation that is subject to force majeure and, accordingly, suspending the period of limitation, is the prerogative of the court. Only a court in the proceedings of a particular case may decide on the application of this reason to suspend the flow of the term.
2. The next reason for suspension is the service and work of the debtor in the army. The law establishes a reservation - troops must be transferred to martial law. If martial law is not introduced, then the term will not be suspended. However, the service in the ranks of the Armed Forces of the Russian Federation can be recognized by court as a valid reason, accordingly, the term can be restored.
3. The government's postponement (moratorium).
4. Suspension of the operation of any law that regulates certain legal relations related to the violated right.

It should be understood that the suspension of the period is possible only if the above reasons appeared in the last six months, therefore, if they appeared earlier, they can not have any influence on the course of the period.

Break

Do not confuse the suspension of time and its break. The latter means that all the time that has elapsed before it, as it were, is reset, loses its power. From the moment of the break, the new limitation period under the contract or other circumstance will begin to recur. The time that passed before this break, of course, in the newly set deadline will not be counted. In other words, at that time it did not seem to exist.

To break the time for calculating the limitation period, the legislature has established only two grounds. These grounds can not be changed or interpreted extensively. They can not be supplemented by any conditions. These are the following reasons:

1. Recognition of a debt by a person or committing to him any actions that may indicate this.
2. Handing of the claim to the judicial authorities.

Recognition of a debt can be expressed both in direct written form by the debtor, and by means of the actions committed by him. For example, the defendant can write a letter in which his confession will be directly visible, or he can pay a part of the debt, which will confirm that he agrees with the requirements imposed on him. In all such options, the limitation period for debts is interrupted and proceeds to a new trend.

In order for the second basis to apply, the plaintiff must file a claim with the court. At the same time, such a statement must meet all the requirements of the civil procedure code. If this is not the case, then the term is not interrupted.

The limitation period for the statement of claim, or more precisely, the calculation of the statute of limitations, if the claim is left without consideration, is regulated by the standard 204 of the Civil Code.

Is it possible to restore the deadline

The Civil Code stipulates that the expired limitation period under consideration may well be renewed, that is, restored. However, this possibility can be used only by individuals, and if they have any reasons that will be recognized by the judiciary as respectful. The normative act some of these reasons are indicated directly - it can be a disease, a helpless condition, and other circumstances. The list of such reasons specified in the code is not exhaustive, and therefore the recognition of this or that reason is respectful or not, again lies on the court. The latter, in turn, must carefully examine the evidence submitted, justifying the missed deadline, and after that make its decision on the refusal or on the satisfaction of the claim. The court must explain its motives in this decision.

If the obligation is fulfilled after the end of the term

It is noteworthy that in the event that the obligated person properly fulfills his obligation to his counterparty after the limitation period has expired, he can not demand executed back. The expired limitation period does not affect the duty of the debtor to fulfill its obligations. For example: if a person returned to his creditor a debt in the form of money after five years (that is, the limitation of actions has passed), then later, upon learning of this limitation, he can not demand that the creditor return this money.

Exceptions

As in many respects, the legislator defined the cases for which the period under consideration has no influence. Thus, in accordance with the Civil Code of the Russian Federation, the limitation period does not extend:

• To claims of citizens who have invested their money in a bank to such a bank;
• On claims for the protection and restoration of non-property personal rights, other benefits that are not material;
• On claims of owners to eliminate all violations of his rights;
• On the claims of persons, to whom the damage to life or health was caused, to compensation for such harm.

This list is not complete and definitive. Other laws or regulations may provide for other cases. In addition, for some reasons from the list provided, it is possible to set the statute of limitations by other laws, therefore every single episode should be analyzed not only from the position of the Civil Code, but also from other legislative acts. It should also be mentioned that civil claims for compensation for harm caused to life and health are not limited to the limitation period. At all thus at the analysis of such applications the court is defined by 3-year term preceding the submission of the claim, for which damage can be collected. Over the time more than three years ago, such a claim will not be satisfied.

Thus, although the general limitation period is three years, each case has to be investigated specifically to determine the length of time it falls under.