What is the limitation period
Knowledge of laws greatly facilitates our life. Versed in this area is always perfectly armed, because he knows not only how to protect their rights, but also periods when they can be protected. Of course, before applying to the court, it is necessary to find out exactly what limitation period in your case is established by law. In fact, this is not so simple, at least for the reason that each case taken separately must be considered individually. It's not just about the time limit in which a claim can be filed in court, but also about the time from which this time begins.
What is hidden behind the term "statute of limitations"?
Today, under the statute of limitationsmeans a specific period, at the end of which the opportunity to protect their violated rights will disappear in court. In the event that a person misses a period when it was possible to apply to the court, he will not be able to do it in the future. Of course, we are talking only about those situations when there were no circumstances that prevented him from filing a lawsuit on time.
There is a general limitation period, as well asspecial. Article 196 of the Civil Code states that the total term is three years. Sometimes a special period is established, which is somewhat shorter or longer than the main one.
The limitation period: from when does it begin?
1) This period begins exactly at the very samethe day when information about the offense that was committed was available to the person. In some cases, at the right time a person for some reason or other does not know that the given time has begun. As a rule, in future such issues are decided by the court, acting solely on the basis of circumstances.
2) The end of the term for the performance of obligations is the one with which the limitation period for liabilities begins, at which the execution time is established;
3) Sometimes the period is not defined. In such cases, it begins with the very moment when the creditor receives the right to demand fulfillment of obligations.
4) This period for regressive obligations starts from the moment when the basic obligation was fulfilled.
Limitation of actions: special terms
Period of limitation:
- on family disputes has no time limits;
- under the insurance contract is equal to two years;
- under the contract of the contract is equal to one year, and in the case when it is a question of some buildings or constructions - three years. Begins from the moment when the result of the work was taken whole;
- The loan is equal to three years. It begins with the moment when there was a violation of the rights established by the contract;
- under the contract of transportation it equals one year, when it comes to loss of luggage, delay in delivery, shortage and other;
- on labor disputes is three months.
- for various tax disputes of individuals is equal to six months.
Concerning the application of the limitation period
Only the petition of the opposing party maybecome the reason for the application of this period by the courts. If there is such a petition, the judge has the full right to make a decision to close the case due to the fact that the time has come to an end. In this case, he may not even consider any other circumstances of the case.
Of course, this period can be restored. This is a complex process, but in some situations it will have to pass through it. Restoration is possible only if the court passes this period will be recognized as having occurred for good reason. It means that in life a person can become a victim of circumstances that simply will not allow him to apply to the court, no matter what he wants. Service in the army, a serious illness, being in captivity, etc. are all valid reasons that the court can not fail to take into account.