Terms in civil law, Statute of limitations - Civil law

Terms in civil law

Property and personal non-property civil rights arise, are implemented, changed, transferred, protected and terminated on the basis of or within the framework of such legal facts as time limits and limitation of actions. The period established by law, other legal acts, the transaction or the term appointed by the court may be determined by the calendar date (for example, the date of state registration of the individual entrepreneur) or the expiration of a period of time that is calculated by years, months, weeks, days or hours. The term can also be determined by an indication of an event that must inevitably occur (graduation, adulthood, etc.).

The concepts of calendar date, week, year, month, day, as well as local time, Moscow time, national time scale, time zone and the legal basis for calculating time are determined by Federal Law No. 107-FZ dated 03.06.2011 "About the Time Calculation" ;

For practical purposes, the law provides rules for determining the beginning of the current of the period determined by the time period (this occurs on the next day after the calendar date or the occurrence of an event that determines the beginning of the period), the end of this period, the procedure for performing actions on the last day of the term, and other legal and technical procedures (Article 190-194 of the Civil Code).

Limitation of actions

In matters of implementation and protection of civil rights of subjects, as well as their property responsibility, the statute of limitations is of great importance, i.e. term for the protection of the right of the claim of the person whose right is violated. The existence of a limitation period prevents an indefinite continuation of the uncertainty in the property relations between violators of rights and victims. This is especially important in the field of business.

The expiration of the limitation period, the application of which is declared by the party to the dispute, is the basis for the court's ruling on the refusal of the claim. Moreover, in accordance with paragraph 3 of Art. 199 CC after the expiration of the limitation period are not allowed and unilateral actions aimed at the implementation of the law, such as, in particular, credit, direct debiting of funds and recovery of foreclosure on extrajudicial basis.

The general limitation period is three years from the date determined in accordance with Art. 200 GK. At the same time, 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.

For certain types of requirements, the law may establish special periods of limitation, reduced or longer than in the general period. And if otherwise is not established by law, the provisions of Art. 195, paragraph 2 of Art. 196,198-207 GK.

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