What is the Statute of limitations for civil cases

What are the Statute of limitations

The Statute of limitations in civil proceedings reglamentary article 195 of the Civil Code of the Russian Federation and article 198 stipulates that it cannot be changed, for example, by agreement of the parties and is unchanged, even if the parties agreed on contraction or extension. In General cases the limitation period for civil cases is 3 years. But the law stipulates the special cases in calculating this term used for some cases. So, the limitation period in the event of a breach by the seller of the right of pre-emption is 3 months, on the claims of the Issuer indebted to all persons 6 months. In that case, when you want to bring a lawsuit against the company, carrying cargo, it should be done within a year after the precedent.

Lawsuits related to cases of property insurance, have a limitation period of 2 years, but the claims for improper quality of work the construction company you have the right to present within 5 years after the discovery of marriage. To claim damages from oil pollution, the cause of which is discharges from vessels, you may not later than 6 years. About the shortcomings of the work performed on the household contract, you can apply to the court for 10 years.

But your law, the court can protect even in the case when the Statute of limitations had expired. According to article 199 of the civil code, your claim will be accepted in any case, the matter will be considered, unless one of the parties does not declare the expiration of the Statute of limitations. When such a Declaration is not followed, the decision will be made regardless of expired or not limitation period.

In some exceptional cases, the limitation period may be suspended, for example, if the claimant is in the territory of hostilities or legal act, on the basis of which the claim is made, has lost its power.

What is considered the beginning of the limitation period

Here, the starting point of the limitation period is not so simple. Article 200 of the civil code it is recognized that the date when the citizen learned or had to learn about what rights of his were violated. The phrase "had to learn" rather vague, so each judge is free to interpret it differently. Often at the beginning of the limitation period in this case is the date when the citizen has sent a written notification to the party who violated his rights.

The Statute of limitations may be extended, but the extension period does not exceed six months.

In cases when the other party has committed a specified maturity date, the Statute of limitations begins on the date following the maturity date. If a civil law agreement is concluded without time limitation, for it is applied the period of validity prescribed by law for this type of contract, the limitation period shall run from the day following the expiration of the agreement.