Article 135 The limitation of action for requesting the people's court to protect civil rights shall be two years, unless otherwise provided by law.
Unless there are rules.
Article 136 The following limitation period is one year:
(1) Requesting compensation for personal injury;
(two) the sale of substandard goods has not been declared;
(3) delaying or refusing to pay the rent;
(4) Loss of or damage to the property in escrow.
Article 137 The limitation period of action shall be counted from the time when one knows or should know that one's rights have been infringed. but
However, if the rights have been infringed for more than 20 years, the people's court will not protect them. Under special circumstances, people
The people's court may extend the limitation period of action.
Article 138 After the expiration of the limitation of action, if the parties voluntarily perform it, they shall not be limited by the limitation of action.
Article 139 In the last six months of the limitation of action, due to force majeure or other obstacles,
If the right of claim can be exercised, the limitation of action shall be suspended. The limitation of action shall continue from the date when the reasons for the suspension of the limitation of action are eliminated.
Keep counting.
Article 140 The limitation of action arises when a lawsuit is filed or a party requests or agrees to perform an obligation.
Excuse me. From the time of interruption, the limitation period of action shall be recalculated.
Article 141 Where the law provides otherwise on the limitation of action, such provisions shall prevail.
A judicial interpretation "Provisions on Several Issues Concerning the Application of Prescription System in the Trial of Civil Cases" just came into effect yesterday.
Article 1 A party may file a defense of limitation of action against a claim for creditor's rights, but the people's court shall not support the defense of limitation of action against the following claims for creditor's rights:
(a) the right to pay the principal and interest of the deposit;
(two) the right to claim the principal and interest of treasury bonds, financial bonds and corporate bonds issued to unspecified objects;
(3) the right to claim capital contribution arising from the investment relationship;
(4) Other claims for which the limitation of action is not applicable according to law.
Article 2 The people's court shall not recognize a party who, in violation of the law, has agreed in advance to extend or shorten the limitation period or give up the interests of the limitation period.
Article 3 If a party fails to raise the defense of limitation of action, the people's court shall not explain the issue of limitation of action, and shall take the initiative to apply the provisions of limitation of action to make a judgment.
Article 4 The people's court shall not support the defense of limitation of action put forward by the parties during the first instance, but the people's court shall not support it if it can be proved that the claim of the other party has expired according to new evidence.
The people's court shall not support the application for retrial or request for retrial on the grounds of the expiration of the limitation of action if the parties fail to raise the defense of the limitation of action in accordance with the provisions of the preceding paragraph.
Article 5 Where the parties agree to perform the same debt by stages, the limitation period of action shall be counted from the date when the last performance period expires.
Article 6 If there is no prescribed time limit for performance in the contract, the time limit for performance may be determined in accordance with the provisions of Articles 61 and 62 of the Contract Law, and the limitation of action shall be counted from the date when the time limit for performance expires; If the time limit for performance cannot be determined, the limitation period of action shall be counted from the date when the grace period for creditors to require debtors to perform their obligations expires, but if the debtors explicitly indicate that they will not perform their obligations when creditors claim their rights for the first time, the limitation period of action shall be counted from the date when the debtors explicitly indicate that they will not perform their obligations.
Article 7 Where the obligee requests to cancel the contract, the provisions of Article 55 of the Contract Law concerning the one-year period shall apply.
If the other party raises a defense of limitation of action on the grounds of the right to terminate the contract, the people's court will not support it
If the contract is terminated, the limitation period for requesting the return of property and compensation for losses shall be counted from the date of termination of the contract.
Article 8 The limitation period for returning the claim for unjust enrichment shall be counted from the day when one party knows or should know the fact of unjust enrichment and the other party knows it.
Article 9 The limitation period for managers to pay necessary management fees and claim compensation for losses caused by negotiorum gestio shall be counted from the day when negotiorum gestio ends and the managers know or should know.
The limitation period for my claim for compensation for unreasonable losses caused by improper management shall be counted from the day when I know or should know the manager and the facts of the damage.
Article 10 Under any of the following circumstances, it shall be deemed as a "request made by one party" as stipulated in Article 140 of the General Principles of Civil Law, which has the effect of interrupting the limitation of action:
(1) One party directly sends a document claiming rights to the other party, and the other party signs or seals the document, or can prove that the document has been delivered to the other party in other ways without signing or sealing it;
(2) One party claims rights by sending letters or data messages, and the letters or data messages have arrived or should have arrived at the other party;
(three) one party is a financial institution, and the principal and interest of the arrears are deducted from the account of the other party in accordance with the law or the agreement of the parties;
(4) One party's whereabouts are unknown, and the other party publishes an announcement containing the content of claiming rights in the influential media at the national or provincial level where the unaccounted-for party lives, but if there are special provisions in laws and judicial interpretations, such provisions shall apply.
In the case of Item (1) of the preceding paragraph, if the other party is a legal person or other organization, the signatory may be its legal representative, principal responsible person, department responsible for sending and receiving letters or authorized subject; If the other party is a natural person, the signatory may be the natural person himself, a relative with full capacity living together or an authorized subject.
Article 11 Where a creditor claims part of the same creditor's rights, the effect of interruption of limitation of action extends to the remaining creditor's rights, unless the creditor explicitly waives the remaining creditor's rights.
Article 12 If a party submits a complaint or oral prosecution to a people's court, the limitation of action shall be interrupted from the date of submission of the complaint or oral prosecution.
Thirteenth in any of the following circumstances, the people's court shall determine that it has the effect of interrupting the limitation of action, which is equivalent to bringing a lawsuit:
(1) Apply for arbitration;
(2) Apply for a payment order.
(3) Apply for bankruptcy and declare bankruptcy claims;
(4) Applying for declaring the debtor missing or dead in order to claim rights;
(5) applying for pre-litigation measures such as pre-litigation property preservation and pre-litigation temporary injunction;
(6) applying for compulsory execution;
(seven) apply for additional parties or be notified to participate in litigation;
(8) advocate litigation offset;
(nine) other matters with the same effect as the interruption of the limitation of action.
Article 14 If the obligee makes a request to the people's mediation committee and other state organs, institutions, social organizations and other social organizations that have the right to resolve relevant civil disputes according to law, the limitation of action shall be interrupted from the date of making the request.
Article 15 If the obligee reports or complains to the public security organ, the people's procuratorate or the people's court and requests to protect his civil rights, the limitation of action shall be interrupted from the date of reporting or complaining.
If the above-mentioned authorities decide not to file a case, dismiss the prosecution or not to prosecute, the limitation period of action shall be recalculated from the date when the obligee knows or should know not to file a case, dismiss the prosecution or not to prosecute; When a criminal case enters the trial stage, the limitation period of action shall be recalculated from the date when the criminal judgment document takes effect.
Article 16 Where the debtor makes commitments or acts such as installment performance, partial performance, provision of guarantee, request for postponement of performance, drawing up a debt settlement plan, etc., it shall be deemed that one party has agreed to perform its obligations as stipulated in Article 140 of the General Principles of the Civil Law.
Article 17 If one of the joint creditors suffers from the interruption of the limitation of action, it shall be deemed that the other joint creditors also suffer from the interruption of the limitation of action.
For one of the joint debtors, the interruption of the limitation of action shall be deemed to be effective for the other joint debtors.
Article 18 Where a creditor brings a suit of subrogation, it shall be deemed that the limitation of action between the creditor's right and the debtor has been interrupted.
Article 19 Where the creditor's rights are transferred, the limitation of action shall be deemed to be interrupted from the date when the notice of creditor's rights transfer is served on the debtor.
If the debt commitment constitutes the original debtor's acknowledgement of the debt, the limitation of action shall be deemed to be interrupted from the date when the intention of the debt commitment reaches the creditor.
Article 20 In any of the following circumstances, it shall be deemed as "other obstacles" as stipulated in Article 139 of the General Principles of Civil Law, and the limitation of action shall be suspended:
(1) The infringed person with no capacity for civil conduct or with limited capacity for civil conduct has no legal representative, or his legal representative dies, loses his power of agency or loses his capacity for conduct;
(two) after the beginning of the inheritance, the heir or the administrator of the estate has not been determined;
(3) The creditor is controlled by the debtor or others and cannot claim rights;
(4) Other objective circumstances that prevent the obligee from claiming rights.
Article 21 Upon the expiration of the limitation of action for the principal debt, the guarantor enjoys the right of defense against the limitation of action for the principal debtor.
The people's court shall not support the guarantor who fails to claim the right of defense of the limitation of action mentioned above and exercises the right of recourse to the principal debtor after assuming the guarantee responsibility, except that the principal debtor agrees to pay.
Article 22 If one party expresses to the other party that it agrees to perform its obligations or voluntarily performs its obligations upon the expiration of the limitation period, the people's court shall not support it.
Twenty-third after the implementation of these provisions, the case is still in the first or second trial stage, these provisions shall apply; These Provisions shall not apply to cases that have been finalized before the implementation of these Provisions.
Twenty-fourth before the implementation of these provisions, the relevant judicial interpretations made by our court are in conflict with these provisions, and these provisions shall prevail.