What Is The Limitation Period For Damages

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What Is The Limitation Period For Damages
What Is The Limitation Period For Damages
Video: What Is The Limitation Period For Damages
Video: What is Limitation Period? 2023, February
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Civil law applies not only to contractual relations, but also to obligations related to compensation for damage caused. There are also limitation periods for such requirements.

Limitation of actions and compensation for damage
Limitation of actions and compensation for damage

Instructions

Step 1

Damage is harm caused to the life, health or property of both individuals and businesses. As a general rule, it is not reimbursed, provided that the person who caused the damage proves that he is not at fault. However, in a number of situations, the obligation to compensate for damage occurs regardless of the fault of the person in causing it. We are talking about harm caused by illegal actions of law enforcement officials, a source of increased danger, shortcomings in the goods sold, etc. Irrespective of the guilt of a person, moral damage can also be compensated.

Step 2

Most claims for damages are subject to a standard three-year limitation period. It is calculated from the moment the victim has the right to receive damage. This can happen with the entry into force of a court decision, which confirms the guilt of the person who caused the harm. If the damage is subject to compensation regardless of the presence of fault, then the limitation period begins to run from the moment it was caused.

Step 3

For the culprit, the amount of damage can be paid by third parties. For example, if the driver causes damage to a car belonging to the company, he is subject to compensation from the employer. Also, the obligation to compensate for harm may fall on the shoulders of the insurance company. In this case, the person who compensated for the harm receives the right of recourse claims against the culprit. According to them, the limitation period is 3 years from the date of the respective payments.

Step 4

The limitation period does not apply to claims related to compensation for damage caused to the life and health of a person. However, there is one "but" here. If the claim was filed 3 or more years after the emergence of the right to receive harm, then the court has the right to satisfy the claims regarding the recovery of previous payments only within the three-year period that passed before the claim was filed. The exception is cases when harm to life or health was caused by a terrorist act. Here the limitation period does not apply without any reservations. If, as a result of the actions of terrorists, property has suffered, then the limitation period is equal to the limitation period for bringing to criminal liability.

Step 5

The limitation period does not apply to claims related to compensation for moral damage. So, according to Art. 208 of the Civil Code of the Russian Federation, limitation periods are not applied in relation to disputes arising from the violation of personal non-property rights and other non-material benefits. Infliction of moral harm is precisely the consequence of such a violation.

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