Civil relations is a specific area, the regulation of which is mainly based on the dispositiveness of norms. But the holders of subjective law have the right to rely on the protection of this by the authorized bodies for a certain period regulated by law. It is precisely such a term that has received the name “Statute of limitations in civil law”.
Based on the very essence of civil relations, the statute of limitations is multifaceted. And, therefore, it is important to clearly understand what it includes and what varieties it is divided into.
The concept
The very definition of statute of limitations can be formulated quite simply - this is the period during which the subject is authorized to apply to the competent authority for protection of personal legitimate interests arising in the civil law field. However, this definition is too vague and needs to be clarified.
Firstly , the limitation period in civil law is the general term established by law for asserting one’s rights in the competent authorities. It follows from this that this period of time does not stop if a person has filed a lawsuit to protect his rights with the court.
Secondly , the establishment of a clear limitation period is not formal, but practical. Its significance lies in the fact that the competent authority has the ability to accurately establish the truth in the case, as well as ensure the timely protection of rights.
Thirdly , the limitation period in civil law actually guarantees the strengthening of the rights of the acquirer and protects them from unfair encroachments.
The establishment of these three characteristics allows us to conclude that the statute of limitations appears to be a special institution of civil law, contributing to the strengthening of constitutional property rights to tangible and intangible objects.
Types of limitation
Legal doctrine and practice have developed two main categories of limitation, or rather: general and special.
The general limitation period is fixed by the legislation in the general provisions on civil legal relations. It applies in cases where otherwise is not regulated by special rules of law. The general limitation period has one, but very important characteristic - it cannot be changed by the will of the parties involved in legal relations. The law of the Russian Federation sets the general limitation period in civil law for a period of three years (see the provisions of Articles 196 and 198 of the Civil Code of the Russian Federation).
A special variety is based on special instructions of civil law on changing the period of limitation by prolonging or reducing it. A good example of this type is the provision on contesting the quality of work or transportation services. And just like the general, special variety has an imperative character in relation to the time period.
Types of limitation periods
Depending on various classification features, jurists give different typologies of this institution of the civil branch of law. The types of limitation considered above can be considered the first division conducted on the principle of subordination to the general rule.
The second qualifying feature is to determine the time of the limitation period. Therefore, it can be conditionally divided into the following types of terms:
1. Dates calculated from the moment when the copyright holder should have learned about the fact of violation of rights.
2. Dates beginning at the time of the final fulfillment of the obligation.
3. Dates dating to the moment of detection of deficiencies stipulated by the agreement or legislation.
The remaining types of limitation periods are situational in nature and can only be classified for certain civil relations.
In conclusion, it should be noted that the limitation period in the civil branch of law is one of the fundamental institutions, a clear understanding and proper use of which allows you to effectively apply your right to protect legitimate interests within strictly specified time frames.