Question 2: What is the statute of limitations in civil law? The statute of limitations can be divided into general statute of limitations and special statute of limitations according to its length and scope of application.
General statute of limitations. It refers to a generally applicable prescription, which is not prescribed for a particular situation, but is universally applicable. For example, Article 135 of my country’s General Principles of Civil Law stipulates: “The statute of limitations for petitioning the People’s Court for protection of civil rights is two years, unless otherwise provided by law.” This shows that the general statute of limitations for general civil litigation in my country is two years.
But there is also a year.
Situation 4:
1. Claim for compensation for bodily injury; 2. Sales of substandard goods without declaration; 3. Delay or refusal to pay rent; 4. Lost or stored property damage. Base
In layman's terms, the statute of limitations means that if a lawsuit is not filed within this time, even the victim cannot sue.
The law will not protect it.
Question 3: What does the statute of limitations mean? The term "statute of limitations" can be encountered in both criminal and civil litigation, but its meaning is different. In criminal proceedings, the statute of limitations refers to the period of validity stipulated by law within which criminals can be held criminally responsible. If the time limit for prosecution is exceeded, criminal liability will no longer be pursued; if a case has been filed for investigation, the case should be dismissed, prosecution should not be instituted, or the trial should be terminated. In civil litigation, it is called the "statute of limitations." The statute of limitations refers to the legal period within which rights holders request the people's court to protect their legitimate civil rights and interests in civil litigation. If the statute of limitations has expired, although you can file a lawsuit, the rights claimed are not protected by law.
The statute of limitations is divided into general statute of limitations and special statute of limitations according to the length of time and scope of application.
General statute of limitations. It refers to a prescription that is generally applicable, not prescribed for a particular situation, but is universally applicable. For example, Article 135 of my country’s General Principles of Civil Law stipulates: “The statute of limitations for petitioning the People’s Court for protection of civil rights is two years, unless otherwise provided by law.” This shows that the general statute of limitations for general civil litigation in my country is two years.
Special statute of limitations. Refers to the statute of limitations for certain specific civil laws.
Special regulations are superior to ordinary regulations, that is to say, special regulations apply wherever there are special regulations. Article 141 of my country's "General Principles of Civil Law" stipulates: "If the law has other provisions on limitation of time, such provisions shall prevail."
Special prescriptions can be divided into the following three types:
First , short-term prescription. A short-term statute of limitations refers to a statute of limitations that is less than two years. Article 136 of my country's "General Principles of Civil Law" stipulates: "The following statute of limitations is one year: 1. If you require compensation for physical injury; 2. Sales of substandard goods without declaration; 3. Delay or refusal to pay rent; 4. Deposited property "If the guarantor of a joint liability guarantee and the creditor do not agree that the guarantor shall bear the guarantee liability, the creditor shall have the right to require the guarantor to bear the liability within six months from the expiration of the independent debt performance period." Guarantee Liability”.
Second, the long-term statute of limitations. The long-term statute of limitations refers to the statute of limitations between two years and less than twenty years.
Third, the longest statute of limitations. The longest statute of limitations is 20 years.
Article 137 of my country's "General Principles of Civil Law" stipulates that "the People's Court shall not protect rights for more than twenty years from the date of infringement." According to this provision, the maximum statute of limitations is calculated from the date the rights are infringed. If the rights holder does not know that his or her rights have been infringed, the maximum statute of limitations is 20 years. If it is more than 20 years old, the people's court will not grant protection.
The statute of limitations is mandatory, and any statute of limitations is mandatory by laws and regulations. Any agreement by any unit or individual on the extension, shortening, or waiver of the statute of limitations is invalid.
Question 4: What is the difference between the statute of limitations and the statute of limitations period? The statute of limitations refers to a time limit, that is, a fixed period. For example, the general statute of limitations is 2 years.
The statute of limitations period refers to the time period, that is, from day A to day b. Since it can be suspended or in the middle, the statute of limitations period is a variable period.
The essence of your question is the difference between deadlines and cycles.
Question 5: What does it mean to be subject to a statute of limitations? Due to the statute of limitations, this claim cannot be supported by the court.
The law does not protect people who are too lazy to exercise their rights.
Question 6: What is the statute of limitations and how is it calculated? The ordinary statute of limitations refers to the statute of limitations period applicable to general civil legal relations stipulated in the general principles of civil law. According to the provisions of the General Principles of Civil Law, the statute of limitations for ordinary litigation is divided into the following three categories: 1. Article 135 of the General Principles of the Civil Law stipulates that the statute of limitations for petitioning the People's Court for protection of civil rights is two years, unless otherwise provided by law. That is, if there are no special provisions in the General Principles of Civil Law or other civil legal norms, the statute of limitations of two years generally applies. 2. Short limitation period. According to Article 136 of the General Principles of the Civil Law, the statute of limitations for four situations: “requesting compensation for personal injury”, “failure to declare the sale of substandard goods”, “delay in payment or refusal to pay rent”, and “loss or damage to property in custody” is 1 year. However, some of these four short-term statutes of limitations have been amended by separate laws published later. According to the principle that new law is superior to old law and special law is superior to common law, the provisions of new law should be applied. Article 42 of the "Environmental Protection Law" stipulates that the statute of limitations for filing an environmental pollution damage compensation lawsuit is three years. That is, if personal injury is caused by environmental pollution, the special statute of limitations shall apply; Article 45 of the "Product Quality Law" Article 1 stipulates that the statute of limitations for claims for damages due to product defects is two years... That is, the two-year special statute of limitations stipulated in special laws applies to claims for compensation arising from product liability. 3. Maximum limitation period. Article 137 of the General Principles of the Civil Law stipulates that if the rights have been infringed for more than 20 years, the people's court will not protect them. Under special circumstances, the people's court may extend the statute of limitations. The maximum limitation period is different from the general and short limitation periods. It is calculated from the time when the rights are infringed, that is, it applies to "special subjects" who "do not know or should not know" that their rights have been infringed. If you know or should know that your rights have been infringed, only the general statute of limitations can apply. Special litigation statute of limitations refers to the statute of limitations stipulated in special laws. Compared with the general principles of civil law, the statutes of limitations stipulated in special laws are divided into the following two categories: (1) The limitation periods are different. Some periods are relatively long. For example, Article 129 of the Contract Law stipulates that the period of foreign-related contracts is 4 years; it is also in line with the general statute of limitations stipulated in the General Principles of Civil Law. For example, the statute of limitations for contractual disputes other than foreign-related contracts is 2 years; if it is less than 2 years, according to Article 257 of the Maritime Law, the statute of limitations for claiming compensation from the carrier for maritime cargo transportation is 1 year, and the person responsible is deemed to have If a claim is filed against a third party within the limitation period or after the expiration of the limitation period, the limitation period is 90 days. (2) The limitation periods are different. As stipulated in Article 258, Paragraph 1 of the Maritime Law, the passenger's claim for personal injury compensation shall be calculated from the date when the passenger disembarks or should disembark from the ship. Special prescription 1. Short term prescription. A short-term statute of limitations refers to a statute of limitations that is less than two years. Article 136 of my country's "General Principles of Civil Law" stipulates: "The following statute of limitations is one year: 1. If you require compensation for physical injury; 2. Sales of substandard goods without declaration; 3. Delay or refusal to pay rent; 4. Deposited property Lost or damaged.” Second, long-term statute of limitations. The long-term statute of limitations refers to the statute of limitations between two years and less than twenty years. Article 42 of the "Environmental Protection Law" "The statute of limitations for filing a lawsuit for compensation for environmental pollution damage is three years, starting from the time when the party knew or should have known that the pollution damage was suffered." and Article 265 of the Maritime Law Article "The limitation period for claims concerning oil pollution damage from ships is three years, calculated from the date of the damage; however, in any case, the limitation period shall not exceed six years from the date of the accident causing the damage.
"The statute of limitations is set at 3 years; Article 129 of the Contract Law: "Article 129: The time limit for initiating litigation or applying for arbitration in disputes over international sales of goods contracts and technology import and export contracts is four years. The calculation shall be calculated from the date when the person becomes aware that his or her rights have been infringed. The time limit for filing lawsuits or applying for arbitration for other contract disputes shall be in accordance with the provisions of relevant laws. "The statute of limitations is 4 years. Third, the longest statute of limitations. The longest statute of limitations is 20 years. Article 137 of my country's General Principles of Civil Law stipulates that "from the date of infringement, the people's court shall not protect rights for more than two years. "Ten years". According to this provision, the maximum statute of limitations is calculated from the date the rights are infringed. If the right holder does not know that his rights have been infringed, the maximum statute of limitations is 20 years...> gt
Question 7: Three-day statute of limitations: 1. The people's court shall make a decision orally or in writing on the party's application for recusal. If the applicant is not satisfied with the decision, he may apply for reconsideration once during the review period. Stop participating in the case. The People's Court shall make a reconsideration decision on the reconsideration application within three days and notify the applicant of the reconsideration. 2. When hearing a civil case, the People's Court shall notify the parties and other litigation participants three days before the hearing. Announce the names of the parties, the cause of the case, the time and place of the hearing. 3. When the People's Court decides to accept the application, it shall also notify the payer to stop payment and issue an announcement within three days, urging the interested parties to declare their rights within the time limit set by the People's Court. The decision shall be made based on the circumstances, but shall not be less than sixty days. 4. After the members of the collegial panel are determined, the parties shall be notified within three days: 1. The People's Court shall send a copy of the complaint to the defendant within five days from the date of filing the case. 2. If the defendant submits a statement of defense, the People's Court shall send a copy of the statement of defense to the plaintiff within five days of receipt. Failure by the defendant to submit a statement of defense shall not affect the People's Court. Trial. 3. The court transcript shall be read in court, and the parties and other litigation participants may be notified to read it in court or within five days. 4. If the parties appeal directly to the people's court of second instance, the people's court of second instance shall within five days. Transfer the appeal petition to the people's court that originally tried it. 5. After receiving the appeal petition, the original people's court shall serve a copy of the appeal petition to the other party within five days, and the other party shall submit a reply to the people's court within fifteen days from the date of receipt. A copy of the written statement of defense shall be served on the appellant within five days of receipt. If the other party fails to submit a written statement of defense, it shall not affect the hearing of the People's Court. 6. The original People's Court shall send the written statement of appeal and the written statement of defense together with the entire case file within five days. The evidence shall be submitted to the People's Court of Second Instance. 7. Citizens who are dissatisfied with the election committee's decision on voter qualification complaints may file a lawsuit with the grassroots people's court where the electoral district is located five days before the election day. 8. Supervision procedure: The creditor files an application. Afterwards, the People's Court shall notify the creditor within five days whether to accept the complaint. Seven days: If the People's Court receives the complaint or oral complaint and determines upon review that it meets the conditions for prosecution, it shall file the case within seven days and notify the parties; if it finds that the conditions for prosecution are not met, the People's Court shall notify the party concerned. , it shall be ruled not to accept the case within seven days; if the plaintiff is dissatisfied with the ruling, he may appeal within ten days: 1. If the party delays the time limit due to force majeure or other legitimate reasons, he may apply for an extension of the time limit within ten days after the obstacle is removed. , shall be decided by the People's Court. 2. The People's Court shall publicly pronounce judgments on cases that are heard in public or not. If the judgment is pronounced in court, the judgment shall be served within ten days; if the judgment is pronounced on a scheduled basis, a written judgment shall be issued immediately after the judgment is pronounced. 3. If the party concerned is dissatisfied with the first-instance ruling of the local people's court, he or she has the right to appeal to the higher-level people's court within ten days from the date of delivery of the ruling. 4. The people's court shall notify the debtor and known creditors within ten days after declaring bankruptcy and the debt repayment procedure has ended, and make an announcement. 15th: 1. If the applicant does not file a lawsuit within fifteen days after the people's court takes preservation measures, the people's court shall terminate the property preservation. 3. The People's Court shall send a copy of the complaint to the defendant within five days from the date of filing the case, and the defendant shall submit a defense within fifteen days from the date of receipt.
4. If the party concerned is dissatisfied with the first-instance judgment of the local people's court, he or she has the right to appeal to the higher-level people's court within fifteen days from the date of delivery of the judgment. 5. After receiving the appeal petition, the people's court that originally tried the case shall serve a copy of the appeal petition to the other party within five days, and the other party shall file a reply within 15 days from the date of receipt. 6. After the People's Court accepts the application, if the facts and evidence provided by the creditor are clear and legal, it shall issue a payment order to the debtor within fifteen days from the date of acceptance; if the application is not established, it shall rule to reject it. The debtor shall pay off the debt within fifteen days from the date of receipt of the payment order, or submit a written objection to the people's court. If the debtor does not raise any objection or fails to perform the payment order within the period specified in the preceding paragraph, the creditor may apply to the People's Court for compulsory execution. 7. If the person subject to execution or the property subject to execution is in another place, the local people's court may be entrusted with the execution. After receiving the letter of entrustment, the entrusted people's court must begin execution within fifteen days and shall not refuse. After the execution is completed, the client should be notified of the execution results in a timely manner...> gt
Question 8: What does it mean that the statute of limitations does not apply? Is it possible to file a lawsuit at any time? For example, the right to claim property rights does not apply to the statute of limitations, which means that the rights are not affected by the length of time and all parties can get back their own things, which mainly refers to property rights.
Question 9: How many years is the statute of limitations? Check it yourself.
Question 10: What does statute of limitations mean? The judicial interpretation of the Civil Procedure Law has clear provisions on exceeding the statute of limitations. Article 153 of the Supreme People's Court's "Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China" stipulates:
"If a party files a lawsuit within the statute of limitations, the People's Court shall accept it. After accepting the lawsuit, it is found that there is no If there are reasons for suspension, interruption or extension, the lawsuit shall be dismissed. "In judicial practice, the filing tribunals of local courts will conduct procedural reviews when accepting cases, and some will also conduct basic substantive reviews, so the statute of limitations is limited. Questions will be asked by the filing court judge.
The court will accept cases that have exceeded the statute of limitations, but will remind the parties that after the case enters the trial court, the court will also take the initiative to review the statute of limitations.
Therefore, even if the other party does not raise a defense that exceeds the statute of limitations, the court will take the initiative to review and find that there is no reason for interruption, suspension, or extension, and will reject the claim in the form of a judgment.
Rejecting the claim in the form of a judgment indicates that the court has reviewed the substantive issues and will no longer handle the dispute and cannot apply for compulsory enforcement.
For the above answers, you can go to the lawyer website to ask the relevant lawyers. I hope it will be helpful to you.