Beginning of the limitation period, Suspension and...

Beginning of the limitation period

By virtue of Art. 200 Civil Code unless otherwise provided by law, the period of limitation period begins from the day when the person learned or should have learned not only about the violation of his right, but also about who is the proper defendant in the claim for the protection of this right.

For obligations with a certain period of performance, the period of limitation of actions begins after the expiry of the term of performance.

For obligations whose execution deadline is not determined or determined by the time of demand, the limitation period begins to flow from the day the creditor submits a claim for the performance of the obligation, and if the debtor is given a time limit for the fulfillment of such a claim, the calculation of the limitation period begins at the end of the term provided to fulfill such a requirement. In this case, the limitation period in any case can not exceed ten years from the date of the obligation occurrence.

For recourse obligations, the running of the limitation period starts from the day the principal obligation is discharged.

At the same time, the expiration of the period of time by which the limitation period is calculated does not always mean that the statute of limitations is missed. During the course of the limitation period, circumstances may arise that entail its suspension or break.

Suspension and interruption of the limitation period

The statute of limitations is suspended:

1) if the claim was prevented by an extraordinary and unavoidable circumstance under the circumstances (force majeure);

2) if the plaintiff or the defendant is part of the Armed Forces of the United States transferred to martial law;

3) by virtue of the deferred fulfillment of obligations (moratoriums) established by the law of the United States Government;

4) due to the suspension of the law or other legal acts governing the relevant relationship.

The running of the limitation period is suspended on the condition that these circumstances arose or continued to exist in the last six months of the limitation period, and if this period is six months or less than six months during the limitation period.

If the parties have resorted to a procedure for resolving a dispute out of court (the procedure of mediation, mediation, administrative procedure, etc.) prescribed by law, the limitation period shall be suspended for the period established by law for such a procedure, and in the absence of such a period - for six months from the date of the beginning of the corresponding procedure.

From the day of the termination of the circumstance that served as the basis for the suspension of the limitation period, the period of its limitation continues. The remaining part of the limitation period, if it is less than six months, is extended to six months, and if the limitation period is six months or less than six months, up to the limitation period.

If the period of the limitation period expires , it begins to flow again. The circumstance of a break is the commission by an obligated person of actions indicative of recognition of a debt.

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