General and special limitation periods, Beginning of the current...

General and special statute of limitations

The total limitation period is set at three years. In this case, the limitation period can not exceed 10 years from the date of violation of the law, for the protection of which this period is established, with the exception of cases established by the Federal Law of 06.03 .2006 No. 35-FZ "On Countering Terrorism."

Special periods may be longer (for example, 10 years for government debt obligations) and less (in particular, two years for claims arising from the contract of property insurance), long compared with the general period. At the same time, for a number of claims, the limitation of actions does not apply. So, according to the norm of Art. 208 GK statute of limitations does not apply:

• On claims for the protection of personal non-property rights and other intangible benefits, except as provided by law;

• requirements of depositors to the bank for the issuance of deposits;

• claims for compensation for harm caused to the life or health of a citizen. However, claims made after three years from the moment of the emergence of the right to compensation for such harm are satisfied for the past time not more than three years before the filing of the claim;

• requirements of the owner or other owner to eliminate all violations of his rights, even if these violations were not connected with the deprivation of possession; and others

The beginning of the current, the suspension and interruption of the running of the limitation period

Unless otherwise provided by law, the running of the limitation period begins on the day when the person has learned or should have learned about the violation of his right and about who is the proper defendant in the claim for the protection of this right. For obligations with a certain period of performance (for example, the delivery time of the goods), the limitation period starts after the expiry of the term of execution. However, the expiration of the period of time that the limitation period is calculated does not always mean that the statute of limitations is missed. In the course of the limitation period, circumstances may arise that entail its suspension or break. According to the rules of Art. 202 GK factors suspension of the running of the limitation period serve:

3) an irresistible force;

4) finding of the plaintiff or the defendant in the Armed Forces of the United States, transferred to martial law;

5) a moratorium (that is, the deferment of performance of obligations established on the basis of the law by the US Government);

6) Suspension of the law or other legal act regulating the relevant relationship.

The running of the limitation period is suspended if either of these factors arose or continued to exist in the last six months of the statute of limitations, and if this period is six months or less than six months during the limitation period. If the parties to the relationship have entered into an agreement to conduct a mediation procedure in accordance with Federal Law No. 193-FZ of July 27, 2010, "On an alternative dispute settlement procedure involving an intermediary (mediation procedure)", the limitation period shall be suspended for the period prescribed by law for conducting such a procedure, and in the absence of such a term - 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, its current continues. At the same time, the remaining part of the limitation period is extended to six months (or until the statute of limitations, if it is less than six months).

If you break the flow of the limitation period, it starts to flow again. According to the norm of Art. 203 GK during the period of limitation of actions is interrupted by the commission of an action by the obligated person, which testifies to the recognition of a debt. Considering that the circumstance specified in Art. 203 CC, is an unconditional basis for the interruption of the limitation period, and the court decision must be lawful and justified, the court, in considering the application of the party to the dispute on the expiry of the limitation period, applies the rules on the suspension of the statute of limitations in the absence of the request of the interested party, in the case of evidence, reliably confirming the fact of the interruption of the period of limitation period. When examining the circumstances related to the performance by an obligated person of actions indicative of recognition of a debt, the court must in each case determine when the actions were specifically committed by the debtor, bearing in mind that the interruption of the limitation period can only take place within the time limit prescription, not after its expiration. Actions that testify to the recognition of a debt for the purpose of interrupting the running of the limitation period, based on their specific circumstances, in particular, may include the recognition of a claim; partial payment by the debtor or with his consent of the other person of the principal debt and (or) the amounts of sanctions, as well as partial recognition of the claim for payment of the principal debt, if the latter has only one basis under itself, and does not consist of different bases; payment of interest on principal; change of the contract by an authorized person, from which it follows that the debtor recognizes the existence of a debt, as well as the debtor's request for such a change in the contract (for example, deferment or installment payment); acceptance of collection orders. At the same time, in those cases when the obligation provided for execution in installments or in the form of periodic payments and the debtor performed actions indicative of the recognition of only a part (periodic payment), such actions can not be grounds for interrupting the running of the limitation period for other parts (payments).

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