(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.
(2) Paragraph 1 of Article 257 of the Maritime Law claims compensation from the carrier for the carriage of goods by sea, and the limitation period is one year, counting from the date when the carrier delivered or should have delivered the goods; During or after the expiration of the limitation period, if the responsible person makes a claim for compensation to a third party, the limitation period shall be 90 days, counting from the date when the claimant solves the original claim for compensation or receives a copy of the complaint from the court that accepted his lawsuit.
(3) Article 260th of the Maritime Law stipulates that the limitation period for claims related to maritime towage contracts is one year, counting from the day when you know or should know that your rights have been infringed.
(4) The limitation period for the claim for contribution in general average in Article 263 of the Maritime Law is one year, counting from the date when the self-care calculation ends.
⑤ If the third paragraph of Article 61 of the Auction Law fails to declare due to defects in the auction target, the limitation period for claiming compensation is one year, counting from the day when the parties know or should know that their rights have been damaged.
2.① Article 135 of the General Principles of the Civil Law requires the people's court to protect civil rights for two years, unless otherwise provided by law.
(II) the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Contract Law of People's Republic of China (PRC) (1) Article 6 If the fact that the rights of the parties to a technology contract dispute were infringed occurred before the implementation of the contract law, and more than one year passed from the date when the parties knew or should have known that their rights were infringed to the date when the contract law was implemented, the people's court shall not protect them; If it is less than one year, the limitation period for bringing a lawsuit is two years.
Article 62 of the Patent Law has a limitation of action of two years, counting from the date when the patentee or interested party knows or should know about the infringement. If the patentee fails to pay the appropriate royalty before the patent right is granted after the publication of the application for a patent for invention, the limitation period for requesting the royalty is two years, counting from the date when the patentee knows or should know that others are using his invention. However, if the patentee knows or should know before the patent right is granted, it shall be counted from the date when the patent right is granted.
The limitation of action stipulated in China's patent law is 2 years, Germany is 6 years, and the United States and Japan are 3 years. Trips does not specify the limitation of patent litigation, but article 4 1-50 stipulates that the time for customs to take temporary measures is 20 working days or 3 1 calendar days.
European countries have special patent infringement courts. The courts in Britain (London), the Netherlands (The Hague), Germany (especially Dusseldorf), France (Paris) and Italy (12) specialize in dealing with intellectual property affairs, located in Bari, Bologna, Catania, Florence, Genoa, Milan, Naples, Palermo, Rome, Turin and Trieste respectively. The procedures in Britain, Germany and the Netherlands are considered to be faster. For example, a patent can be granted in the Netherlands within one year; In Britain, patent trials usually last 9- 12 months from the beginning of the procedure. On the contrary, in France, the patent trial usually lasts 12- 18 months from the beginning of the procedure, and the decision is made within six weeks after the trial. Patent trials in Italy may take years.
(4) Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Trademark Civil Disputes Article 18 The limitation period for infringement of the exclusive right to use a registered trademark is two years, counting from the date when the trademark registrant or interested party knows or should know about the infringement. Where a trademark registrant or interested party files a lawsuit for more than two years, and the infringement continues when the lawsuit is filed, the people's court shall order the defendant to stop the infringement within the validity period of the exclusive right to use a registered trademark, and the amount of compensation for infringement damages shall be calculated forward for two years from the date when the obligee files a lawsuit with the people's court.
⑤ Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Copyright Civil Disputes Article 28 The limitation period for copyright infringement is two years, counting from the date when the copyright owner knows or should know about the infringement. If the obligee has filed a lawsuit for more than two years and the infringement continues at the time of prosecution, the people's court shall order the defendant to stop the infringement within the copyright protection period; The amount of compensation for infringement damages shall be calculated for two years from the date when the obligee brings a lawsuit to the people's court.
⑥ In the first paragraph of Article 32 of the State Compensation Law, the limitation period for the claimant to claim state compensation is two years, counting from the date when the act of state organs and their staff exercising their functions and powers is deemed illegal according to law, but the detention period is not counted.
⑦ The limitation period for the claim for voyage charter party in Paragraph 2 of Article 257 of Maritime Law is two years, counting from the day when you know or should know that your rights have been infringed.
(8) Article 258 of the Maritime Law stipulates that the limitation period for claiming compensation from the carrier for the carriage of passengers by sea is two years, calculated in accordance with the following provisions:
(1) The passenger's claim for personal injury shall be counted from the day when the passenger disembarked or should disembark;
(2) If the claim for the death of a passenger occurred during the period of transportation, it shall be counted from the date when the passenger should leave the ship; If a passenger dies after disembarking due to injury during transportation, it shall be counted from the date of the passenger's death, but the period shall not exceed three years from the date of disembarkation.
(3) Claims for loss of or damage to luggage shall be counted from the date when the passenger disembarked or should disembark.
Pet-name ruby Article 259 of the Maritime Law The limitation of action is two years, counting from the day when you know or should know that your rights have been infringed.
Attending Article 261 of Maritime Law, the limitation period for the right of claim for ship collision is two years, counting from the date of the collision accident; The limitation period of the right of recourse stipulated in the third paragraph of Article 169 of this Law is one year, counting from the date when both parties jointly pay the compensation.
○ 1 1 Maritime Law Article 262 The limitation period for claims for salvage at sea is two years, counting from the date of termination of salvage operations.
○ 12 article 264 of the maritime code stipulates that the limitation period for claiming insurance compensation from the insurer in accordance with the marine insurance contract is two years, counting from the date of the insured accident.
○ 13 product quality law article 45 the limitation of action for claiming damages due to product defects is two years, counting from the time when the parties know or should know that their rights and interests have been harmed.
The right to claim compensation for damage caused by defective products shall be lost ten years after the defective products that caused the damage were delivered to the original consumers; However, in addition to the express safe use period.
3.① The limitation period for the claim for oil pollution damage from ships in Article 265 of Maritime Law is three years, counting from the date of damage; However, in any case, the limitation period shall not exceed six years from the date of the accident causing the damage.
(2) Article 42 of the Environmental Protection Law stipulates that the limitation period for bringing a lawsuit for compensation for environmental pollution damage is three years, counting from the time when the party concerned knows or should know that it has suffered pollution damage.
4. the Supreme People's Court's Interpretation of Several Issues Concerning the Application of the People's Republic of China (PRC) Contract Law (1) Article 7 If the fact that the rights of the parties to a technology import and export contract dispute were infringed occurred before the implementation of the contract law, and more than two years passed from the date when the parties knew or should have known that their rights were infringed to the date when the contract law was implemented, the people's court shall not protect them; If it is less than two years, the limitation period for bringing a lawsuit is four years.
5. the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China Article 42 If a citizen, legal person or other organization does not know the contents of a specific administrative act made by an administrative organ, the time limit for prosecution shall be counted from the day when he knows or should know the contents of the specific administrative act. If a specific administrative act involving real estate has been made for more than 20 years, or if other specific administrative acts have been made for more than 5 years, the people's court will not accept it.
6. Article 137 of the General Principles of the Civil Law states that the limitation of action shall be counted from the time when one knows or should know that one's rights have been infringed. However, if more than 20 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation of action.
(2) "the Supreme People's Court on the implementation of
In addition, there is a concept called "predetermined period", which refers to litigation rights before the limitation of action. This concept mainly refers to substantive rights, that is, the law stipulates that some of your substantive rights exist for a fixed period, such as:
"the Supreme People's Court on implementation
Article 55 of the Contract Law: "In any of the following circumstances, the right of cancellation shall be extinguished: (1) The party to the right of cancellation has not exercised the right of cancellation within one year from the date when he knew or should have known the reason for cancellation; (2) After knowing the reasons for the cancellation, the parties to the cancellation right clearly express or give up the cancellation right by their own actions. "
Article 25 of the Inheritance Law: "The legatee shall, within two months after learning of the legacy, make an indication of accepting or giving up the legacy. If it is not indicated at the expiration, it will be deemed as giving up the legacy. "
Article 11 of the Marriage Law stipulates: "If a marriage is coerced, the coerced party may request the marriage registration authority or the people's court to cancel the marriage. If the coerced party requests to dissolve the marriage, it shall do so within one year from the date of marriage registration. If the party whose personal freedom is illegally restricted requests to dissolve the marriage, it shall do so within one year from the date of restoring personal freedom. "
Article 15 of the Notice of the Supreme People's Court on the Interpretation of Several Issues Concerning the Trial of Railway Transport Damage Compensation Cases stipulates: "The provisions of the Regulations on Railway Transport on 180 days shall apply to the limitation period for claiming compensation from railway transport enterprises when goods, parcels and luggage are lost in transit or overdue. Starting from the day after delivery by the railway transport enterprise; All the goods, parcels and luggage are lost, counting from the day after the 30th day after the expiration of the delivery period. However, if the loss has been confirmed during this period or during the delivery period, it will be calculated from the day after the railway transport enterprise submits the freight record. "