Often, the defense of rights takes place through the courts. But for this, there are some time frames that are called statute of limitations. Skipping this period may lead to the fact that the plaintiff will not achieve anything. But still in this matter you need to know some nuances. The limitation period for civil cases is described in the article.
Essence and Tasks
Statute of limitations is the time during which the injured party has the right to appeal to the court to defend its interests. This term is commonly found in court. But there are other methods of restoring justice.
Often people turn to different authorities. But this has its own deadlines set by law. The tasks of this include the discipline of people. After all, many are pulling to court, hoping for a peaceful solution to the problem. But time passes, and the chances of success are diminished. Therefore, it is important to remember the limitation period in civil cases. This will prevent many problems.
Civil Affairs
The limitation period for civil cases is 3 years. This rule is fixed in Art. 195 of the Civil Code of the Russian Federation. It turns out that during this period there is the possibility of filing a lawsuit. But in some cases, a shorter and longer statute of limitations has been established.
The limitation period for transactions is 1 year. Such a procedure is usually required if the legality of the procedure is in doubt. A period of 1 year is valid in the following cases:
- Transportation of goods and baggage.
- The quality of work done under a contract.
Under property insurance contracts, the limitation period is 2 years. These nuances are indicated in Art. 966 of the Civil Code of the Russian Federation. The law also sets other terms for certain disputes. This applies to labor relations. In Art. 392 of the Labor Code of the Russian Federation, it is recorded that an employee, if his rights have been violated, may appeal to the court within 3 months. But with illegal dismissal, the period is 1 month. And if the employer has a need to recover funds from the employee for the harm done, then he needs to go to court within 1 year.
Calculus
The limitation period for civil cases is counted in years. Its end falls on the same date as the beginning. For example, if it is valid from March 31, 2015, then the end occurs on March 31, 2018. It is important to consider. What if the last day by statute of limitations falls on a day off, then its expiration will be on the next business day.
If the debt includes several payments, for example, the main part and interest, then each of them has its own limitation period. This also applies to obligations for which funds must be periodically paid. The limitation period for payments is calculated for each payment. This circumstance is beneficial for the borrower if the bank is suing the recovery of funds.
The limitation period for the recovery of funds may be suspended and interrupted. The difference is that in the first case, prescription continues at the end of certain circumstances. With interruption, the countdown occurs first.
Start, pause and end
The limitation period begins with the fact of violation of the rights of the injured person. You need to know the culprit of default. The period is calculated from the next date after the obligation has to be fulfilled. For example, if, by agreement, the funds are to be returned on February 2, 2016, then the three-year period will begin on February 3. The limitation period for accounts payable is 3 years.
But it also happens that the parties forget to stipulate the periods of payment of debt and fulfillment of other obligations. Then the statute of limitations for claims is calculated differently. First, a written request is sent to the debtor. With its receipt limitation of actions will begin. But it may be that there is an additional period in the demand.
There is another case when the deadline for fulfillment of obligations is determined differently. In h. 2 Article 200 of the Civil Code of the Russian Federation indicated that appeal to the court is possible only within 10 years from the conclusion of the contract. These changes began to apply from 01.09.2013. But it was found that the rule applies to those contracts that were drawn up before the fall of 2013.
Slowdown
The limitation period is stopped and interrupted. The list of grounds includes art. 202 of the Civil Code of the Russian Federation. Slowing occurs in the following cases:
- Force majeure circumstances that made it impossible to fulfill obligations.
- Stay of the parties to the dispute in the armed forces.
- Introduction by the government of a moratorium on the performance of a certain type of obligation.
- Suspension of documents regulated by disputes.
The limitation period is suspended if the parties resort to pre-trial settlement of the dispute. For example, in the future this will apply to arbitration cases. These amendments to the agro-industrial complex of the Russian Federation were published. In this case, the terms are stopped for the period of the procedure.
If the circumstances of the suspension of the statute of limitations have disappeared, then its action shall continue. When after the suspension of the period until the end is less than six months, it is extended to 6 months. It is important for the plaintiff to prove that he has circumstances in which the statute of limitations is suspended.
The interruption of the period in civil cases is carried out in 2 cases. Typically, the term begins to act again when the opposite side has recognized the existence of debt. These include partial settlement, a positive response to the claim. The term is interrupted from the moment the petition is filed with the court. But if it is without consideration, then the course of the period of validity is restored.
Compared to the case of suspension with interruption, the limitation period begins anew. For example, if a debt has been paid on March 1, 2016, then a recovery is possible only until the same date in 2019. It should be borne in mind that if a claim was transferred or a debt was transferred, then this does not affect the limitation period.
Deadline Recovery
Even if the statute of limitations is missing, the court can take this into account and consider the case on the merits. For this, in Art. 205 of the Civil Code of the Russian Federation, a rule is indicated according to which the period is restored due to a serious illness of the plaintiff, illiteracy, helpless state. It is important that circumstances appear in the last 6 months of the due date.
It must be remembered that the above rule applies only to the civil process. In arbitration proceedings, the limitation period is not restored. If the period is missed, then the court still accepts the requirements. But the second party has the right to declare the deadline. Then the court may refuse the lawsuit.
Ending
If the deadline is over, this is not considered grounds for refusing to accept the claim. The judge does not accept the claim when the party to the case claims that this period has passed. It should be borne in mind that such a statement should come precisely from the side of civil affairs.
Third parties, although they may put forward this demand, will not be accepted by the judge. This happens if the third party meets the recourse requirements that the defendant loses in court. In addition to Art. 199 of the Civil Code of the Russian Federation, this provision is indicated in the resolution of the Plenum of the Armed Forces of the Russian Federation No. 43 of 09/29/2015.
When the court positively accepted the statement on the use of statute of limitations and found the reasons to be weighty, this would be a reason for refusing to satisfy the claims. Civil cases are reviewed regularly. They occur for various reasons, so it is important for the parties to take into account all the nuances relating to these processes. This will simplify the process of protecting rights.
When is the deadline not valid?
There are several cases when the limitation period is not valid. Such situations include cases related to bank deposits, the protection of non-material goods, compensation for losses, damage to health. The rule does not apply to several disputes regarding the protection of property rights.
Thus, before applying to the court to restore their rights, it is important to take into account the norms of the law. This will allow you to perform any procedure correctly. Until the limitation period has passed, a citizen has the right to apply to the court to protect his interests.