The Statute of limitations in accordance with the civil legislation of the Russian Federation recognized the period which is given to any person for protection of his violated rights. This period applies to liabilities and obligations, in order to use the Statute of limitations you must have excited in the court of the civil case.
The General limitation period is three years; however, certain types of obligations the law establishes special terms of greater or lesser duration. In any case, this period may not exceed ten years. Starts the Statute of limitations at the time when the interested person learned of the violation of their own rights (or should have known of the breach).
Many people mistakenly believe that the Statute of limitations applied by the judicial authorities automatically. In fact the category specified does not affect the possibility of recourse to the court of the person whose rights have been violated. The court will take the petition to the production and Institute a regular civil case. Moreover, before the application of the party concerned on the expiry of the limitation period, the judicial authorities are considering a dispute according to the General rules.
If the term has indeed expired, and the defendant said this, that this fact is the basis for refusal in satisfaction of the declared requirements. However, other circumstances of the case do not have legal value, but a prerequisite is a statement about the expiry of the limitation period, made pending a final decision on the case.
The Statute of limitations may be suspended or terminated in the circumstances specified in the law. So, this period stops upon occurrence of extraordinary circumstances that prevented modern the filing of the claim in court. Also a good reason is the presence of the plaintiff in the armed forces being under martial law.
Finally, the suspension period could result in a moratorium on the execution of the relevant obligations or suspension of a normative act which regulated the relationship between the parties. These circumstances should take place within the last six months of life. In addition, the period is suspended and begins to run again under any acknowledgement of the debt by the debtor.
The General limitation period is three years; however, certain types of obligations the law establishes special terms of greater or lesser duration. In any case, this period may not exceed ten years. Starts the Statute of limitations at the time when the interested person learned of the violation of their own rights (or should have known of the breach).
How to use the limitation period?
Many people mistakenly believe that the Statute of limitations applied by the judicial authorities automatically. In fact the category specified does not affect the possibility of recourse to the court of the person whose rights have been violated. The court will take the petition to the production and Institute a regular civil case. Moreover, before the application of the party concerned on the expiry of the limitation period, the judicial authorities are considering a dispute according to the General rules.
If the term has indeed expired, and the defendant said this, that this fact is the basis for refusal in satisfaction of the declared requirements. However, other circumstances of the case do not have legal value, but a prerequisite is a statement about the expiry of the limitation period, made pending a final decision on the case.
Features of a current of term of limitation of actions
The Statute of limitations may be suspended or terminated in the circumstances specified in the law. So, this period stops upon occurrence of extraordinary circumstances that prevented modern the filing of the claim in court. Also a good reason is the presence of the plaintiff in the armed forces being under martial law.
Finally, the suspension period could result in a moratorium on the execution of the relevant obligations or suspension of a normative act which regulated the relationship between the parties. These circumstances should take place within the last six months of life. In addition, the period is suspended and begins to run again under any acknowledgement of the debt by the debtor.