You must have heard many times that some legal claim has expired. This is a topic that is often encountered in both civil and criminal cases, in this video we discuss the rules of civil statute of limitations.
Expiry
- What is statute of limitations? What does it mean that my right expires? Will my right cease to exist from then on? Limitation is one of the legal effects of the lapse of time. Limitation, as opposed to forfeiture, means that an outdated claim can no longer be enforced in court. So it is important to emphasize that if you have a right to something, that right will not be lost.
But why does limitation exist? The law works in such a way that if the parties do not act as they are expected to do and the creditor does not place sufficient emphasis on enforcing his claim, he will not deserve indefinitely to enforce his claim. Not to mention that the evidence may fade over a long period of time, so there is a good chance that the legality of the claim cannot be judged realistically.
- So if a claim is expired, I can’t enforce my claim? It is important to emphasize that it can be fulfilled in the same way on the basis of an overdue claim. So if the debtor pays by himself, you get it legally and he can no longer reclaim the performance. Take an example: you owe a business partner, but your claim has expired. One morning you wake up to the fact that your account has been transferred, you are very happy for it, and then in the afternoon someone from the finance department calls you by mistake and to please repay it as it is not due, your debt is expired. Well, you can keep the money at that time, because it’s out of date, but it’s up to you. If the other party voluntarily performs, you can no longer claim the money back.
- What is the limitation period? Uniformly 5 years? In civil law, the general limitation period is 5 years, but there are exceptions. In some cases, for example in the case of damage caused by hazardous operational liability, the limitation period is shorter (3 years). Supplies warranty claims and claims under certain contracts expire in one year. However, in the case of damage caused by a criminal offense, the limitation period for compensation is adjusted to the limitation period for the offense. So, for example, in the case of damage caused by a crime against a particularly high-value property, the limitation period for your claim for damages due to the penalty item can be, for example, 8 years.
- Are all claims expired? No, property claims do not expire. So if you bought something and you can prove it, they can’t take it from you just because you don’t have that thing.
- So if my claim against me expires, is it enough to sit in silence and move away from the official process or lawsuit? it is important that statutory limitation cannot be taken into account ex officio in court or administrative proceedings. That is, if you do not invoke it, the statute of limitations will not be taken into account and you will be required to pay the claim.
- What does it mean that the statute of limitations rests? And when will it break? If you are unable to enforce your claim for a saveable reason, the statute of limitations will expire during this period. This means that if, say, 4 out of 5 years have already passed, but you are unable to assert your claim through no fault of your own for a certain period of time, this period does not have to be included in the statute of limitations, so you will still have time to assert your claim. Interruption of the limitation period, on the other hand, means that the limitation period must be recalculated from the beginning, for example in the case of recognition of a debt or settlement. It is important to point out that under the new Civil Code, the summons no longer interrupts the limitation period.
- What does the limitation period mean? In fact, the expiration date means what people often mistakenly think about the statute of limitations itself, which is that you lose your right. There is also an example in civil law that a given claim expires at all times, which can be extended by the statute of limitations, but the law still sets a limit so that the statute of limitations cannot be extended indefinitely, so a longer there is also a limit, beyond which it no longer matters that you were unable to assert your claim through no fault of your own.
If you have a question or are unable to decide whether your claim is time-barred or you are unsure about the limitation period for you, CLICK HERE
Thanks to the filming location a. KOZMO LUXURY HOTEL .
You can find the link to the Civil Code HERE .
