Civil law. Parts I, III and IV. Break, suspension, restoration of the statute of limitations (the most important)

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Civil law. Parts I, III and IV. Break, suspension, restoration of the statute of limitations (the most important)

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28. BREAK, SUSPENSION, RESTORE OF THE LIMITATION PERIOD

In the event of circumstances preventing the filing of a claim, suspension, interruption and restoration of the limitation period are possible.

The limitation period is suspended:

▪ if the filing of a claim was prevented by an extraordinary and unavoidable circumstance - force majeure;

▪ if one of the parties to the obligation is part of the Armed Forces transferred to martial law;

▪ if the Government of the Russian Federation establishes a delay in the fulfillment of this obligation - a moratorium;

▪ due to the suspension of the normative act regulating the relevant relations.

The above obstacles to filing a claim are taken into account by the court only if they arose in the last six months of the limitation period, and if the limitation period is six months, then during the entire limitation period.

After the termination of the circumstance that served as the reason for the suspension of the limitation period, the period continues. In this case, the remaining part of the limitation period is extended to six months, and if the limitation period is six months, then until the end of this period.

RџSЂRё statute of limitations the time that has elapsed before the occurrence of the circumstance that served as the basis for the break shall not be included in the limitation period. It begins to flow anew and continues for the time prescribed by law.

The grounds for interrupting the limitation period are the following two circumstances:

▪ filing a claim by the creditor in court;

▪ recognition of debt by the debtor.

The missed limitation period may be restored by the court if the reason for missing the limitation period is recognized by the court as valid.

Restoration of the missed statute of limitations is an exceptional measure and is applied only under the following conditions:

▪ the missed deadline was related to the identity of the debtor;

▪ the circumstances that caused the limitation period to expire arose in the last six months of the limitation period, and if this period was equal to six months, then during this entire period.

A debtor who has performed an obligation after the expiration of the limitation period shall not be entitled to claim back the performance. Upon the expiration of the limitation period for a claim related to the main obligation, the term for the claim also expires for an additional obligation ensuring the fulfillment of the main obligation.

If the claim is left by the court without consideration, then the limitation period that has begun until the claim is filed continues in the general manner.

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