If the limitation of action has passed, and the lawyer doesn't realize it and doesn't bring it to the court, which leads to losing the case, it is the lawyer's responsibility, and he can ask the lawyer's office for compensation.
If a lawyer practices illegally or causes losses to the parties due to his fault, his law firm shall be liable for compensation. After making compensation, a law firm may claim compensation from a lawyer who has committed intentional or gross negligence. Lawyers and law firms shall not be exempted or restricted from civil liability for losses caused to the parties due to illegal practice or fault.
legal ground
Article 194 of the General Principles of the Civil Law of People's Republic of China (PRC) * * * In the last six months of the limitation of action, if the right of claim cannot be exercised due to the following obstacles, the limitation of action shall be suspended:
(1) force majeure;
(2) A person without or with limited capacity for civil conduct has no legal representative, or his legal representative dies, loses his capacity for civil conduct or loses his power of agency;
(three) after the beginning of the inheritance, the heir or the administrator of the estate has not been determined;
(4) The creditor is controlled by the debtor or others;
(5) Other obstacles preventing the obligee from exercising the right of claim.
The limitation of action expires six months after the reason for the suspension of the limitation of action is eliminated. Article 195 If the limitation of action is interrupted under any of the following circumstances, it shall be recalculated from the time of interruption and termination of relevant procedures:
(1) The creditor makes a performance request to the debtor;
(2) The debtor agrees to perform its obligations;
(3) The obligee brings a lawsuit or applies for arbitration;
(four) other circumstances with the same effect as bringing a lawsuit or applying for arbitration. Article 196 The limitation of action shall not apply to the following claims:
(a) request to stop the infringement, remove obstacles and eliminate dangers;
(two) the real estate right holder or the registered movable property right holder requests the return of the property;
(3) Requesting to pay alimony, alimony or alimony;
(4) Other claims for which the limitation of action is not applicable according to law.
Answer at 2021-11-26.
Jiang Chao
qualification authentication
Years of practice?
seven
Certification: Jiangsu Fade Dongheng (Suqian) Law Firm.
Good at: criminal defense of economic disputes
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