The Civil Code of the Russian Federation contains such a concept as “limitation period”. It is used to name the period of time during which a subject can claim a violation of his rights.
Instructions
Step 1
A citizen or organization whose rights have been violated can file a claim for their protection to the appropriate judicial authority. In this case, the protection of the violated right is carried out within a certain period - the limitation period. Thus, the statute of limitations in civil law is the period of time that is established by law to protect rights. If the person has not declared the violation of his rights during this period, in the future he will no longer be able to file a statement of claim.
Step 2
The limitation periods are divided into general and abbreviated ones. The general term is three years and applies to all claims, except those for which the law provides for reduced terms.
Step 3
The reduced limitation period is established specifically for certain types of claims, for example, for disputes arising from the carriage of goods. Moreover, their duration depends on the subject making the requirement: if the client is to the carrier, then two months, and if the carrier company is to the client, then six months.
Step 4
The introduction of reduced limitation periods is due to the need for expedited resolution of certain categories of disputes that usually arise between organizations and relate to the execution of business contracts.
Step 5
In order to avoid missing the limitation period, it is important not only to know the duration prescribed by law, but to correctly determine the beginning of its course. According to the Civil Code of the Russian Federation, the beginning of the limitation period coincides with the moment when the right to a claim arises. There are various instructions in the legislation regarding when exactly the violation of the rights of the subject occurs, and when he has the right to file a statement of claim in court. For example, in disputes arising from the delivery of low-quality goods, the right to claim and the beginning of the limitation period arise on the day the buyer establishes the corresponding deficiencies.
Step 6
A common case of the onset of the initial moment of the statute of limitations, according to the law, is the day when the person learned about the violation of his rights or should have learned about it. Usually the subject is aware of the fact of violation of the law immediately upon its occurrence. But if a person chose to ignore the violation of their rights or simply did not notice it for a disrespectful reason, for example, because of ignorance of the law, this does not negate the fact that the statute of limitations has begun. In both cases, it will be the day on which the violation of rights occurred.
