What is the limitation period
What is the limitation period
The Civil Code of the Russian Federation containssuch a term as the "statute of limitations". It is used to name the period of time during which a subject can claim violation of his rights.
Instructions
1
A citizen or organization whose rights wereviolated, may file a claim for their protection in the relevant judicial authority. At the same time, the protection of the violated right is carried out within a certain period - the statute of limitations. Thus, the limitation period in civil law is the period of time that is established by law for the protection of rights. If a person has not claimed a violation of his rights during this period, in the future he will not be able to file a statement of claim.
2
The limitation period is divided into general andabridged. The general term is three years and covers all requirements, except for those for which the law provides for shorter terms.
3
The reduced period of limitation is establishedespecially for certain types of requirements, for example, for disputes that arise from the carriage of goods. At the same time, their duration depends on the subject demanding: if the customer is to the carrier, then two months, and if the carrier company to the client, then six months.
4
The introduction of reduced terms of limitation of actionsis due to the need to speedily resolve certain categories of disputes that usually arise between organizations and deal with the implementation of economic contracts.
5
To avoid missing the statute of limitationsit is important not only to know the duration prescribed by law, but to correctly determine the beginning of its course. According to the Civil Code of the Russian Federation, the beginning of limitation of actions coincides with the moment of occurrence of the right to claim. There are various indications in the legislation as to when an infringement of the rights of the subject occurs, and when he has the right to file a claim with the court. For example, in disputes that arise from the supply of substandard goods, the right to claim and the beginning of the limitation period arise on the day when the buyer fixes the corresponding deficiencies.
6
The general case of the onset of the initial momentlong-term term, according to the law, is the day when the person learned of a violation of his rights or should have learned about it. Usually the subject realizes the fact of the violation of the law immediately when it occurs. But if the person preferred to ignore the violation of their rights or simply did not notice him for an unreasonable reason, for example, because of ignorance of the law, this does not cancel the fact of the beginning of the limitation period. In both cases, they will be the day in which the violation occurred.
