Civil law. Parts I, III and IV. Limitation period, beginning of the limitation period (the most important)

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Civil law. Parts I, III and IV. Limitation period, beginning of the limitation period (the most important)

Lecture notes, cheat sheets

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27. LIMITATION PERIOD, START OF THE LIMITATION PERIOD

Limitation period (ID) - the term for the protection of the right on the claim of the person whose right has been violated. During the period of ID, state bodies, in particular the court, must contribute to the restoration of the violated right of the subject by satisfying the requirement specified in his claim. The expiration of the statute of limitations extinguishes the right of the plaintiff to the protection of his interests in a compulsory jurisdictional procedure.

Rules regarding ID period:

1) the requirement to protect the violated right is accepted for consideration by the court, regardless of the expiration of the ID;

2) The ID is applied at the request of the party to the dispute;

3) a statement on the application of the ID must be made before the court makes a decision on the case;

4) expiration of the ID - the basis for the defendant to reject the claim of the plaintiff;

5) in the absence of the defendant's statement about the expiration of the term of the ID in court, the claim is subject to satisfaction, despite the fact that the term of the ID on demand has expired.

The ID is associated with: the right to claim in a material sense (the right to seek compulsory protection from the court) and right to sue in a procedural sense (right to sue).

Types of ID terms: general term - three years; special terms - modified in relation to the general term (upon a demand to declare a voidable transaction invalid and apply the consequences of its invalidity; on claims of creditors who have not received notification of the sale of an enterprise, as well as on the recognition of an agreement on the sale of an enterprise as invalid - 1 year). The terms of ID and the procedure for their calculation cannot be changed by agreement of the parties. ID rules apply to all civil legal relations.

ID does not apply on: claims arising from violation of personal non-property rights and personal non-property benefits; requirements of depositors to the bank for the issuance of deposits; claims for compensation for harm caused to the life and health of citizens; claims of the owner or other owner to eliminate violations of his rights. These claims may be granted by the court at any time.

Beginning of the ID period. As a general rule - from the day when the person learned or should have learned about the violation of his right.

Exceptions Established by law.

1. For obligations with a certain period of fulfillment - at the end of the term for fulfilling the obligation.

2. For obligations with an indefinite period of fulfillment or if the period is determined by the moment of demand - from the moment the creditor has the right to present his claim to the debtor for the fulfillment of the obligation.

3. When granting the debtor a grace period to fulfill the creditor's demands - after the end of the grace period.

4. When delivering goods of inadequate quality - from the date of drawing up the relevant report on these defects.

5. According to the requirements of cargo senders to carriers - from the moment of receipt of a response to the claim or upon expiration of the period established for response to the claim.

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