How To Calculate The Limitation Period

Table of contents:

How To Calculate The Limitation Period
How To Calculate The Limitation Period

Video: How To Calculate The Limitation Period

Video: PERIOD OF LIMITATION|| PRESCRIBED PERIOD || LIMITATION ACT || TUTORIAL || 2019 2022, November
Anonim

The limitation period is a period specially established by law during which the subjects of civil turnover can file a statement of claim with the judicial authorities in order to protect their violated rights.

How to calculate the limitation period
How to calculate the limitation period

Instructions

Step 1

The Civil Code of the Russian Federation establishes a general limitation period, which is three years from the moment when the person learned or could learn about the violation of his rights. This period cannot be changed by the parties to the agreement up or down. Special (longer or shorter) limitation periods are established by other federal laws regulating certain types of legal relations. The claim for the restoration of the violated right is accepted by the court regardless of the expiration of the limitation period, it is applied only if the opposite party declares that it has been passed. Only then the court, taking it into account, makes a decision to dismiss the claim.

Step 2

The limitation period begins to run from the moment a person detects a violation of his rights, or the possibility of revealing such violations. According to contractual obligations with a strictly specified period of performance, the course of the limitation period begins from the end of this period. If the term is not specified in the contract, then the limitation period begins to run from the moment the contract is required to be fulfilled. When the persons in the obligations change, the course of the statute of limitations and their calculation does not change.

Step 3

The law also provides for cases of suspension and interruption of the limitation period. So the suspension of the term is possible if the plaintiff was unable to bring a claim due to circumstances beyond his control (force majeure), the plaintiff (or the defendant) served in the armed forces of the Russian Federation, a legislative act was adopted that prevents the filing of a claim, as well as when concluding an agreement on the passage of the procedure mediation (peaceful settlement of a dispute). These circumstances suspend the limitation period if they occurred in the last six months and had their effect until the end of the period. They extend the expired period for another six months. The limitation period is interrupted by filing a statement of claim, it starts to flow again.

Step 4

In any case, there is a possibility of restoring the missed deadline. To do this, you must apply to the court with an appropriate application indicating the reasons for the pass. If they are recognized by the court as valid, the term will be restored.

Popular by topic