What's the difference between a pause and an interruption?

The suspension of the limitation of action refers to the fact that in the last six months before the expiration of the limitation of action, the obligee cannot exercise his right of claim due to certain legal reasons, the calculation of the limitation of action is suspended, and the limitation of action continues after the legal reasons for suspension are eliminated. Suspension of limitation of action only applies to ordinary limitation of action and special limitation of action, not to the limitation of action of up to 20 years.

There are two legal reasons for the suspension of the statute of limitations:

(1) Force majeure. Such as floods, earthquakes, wars, etc. ;

(2) Other obstacles. For example, a person without civil capacity whose rights have been infringed, a person with limited civil capacity has no legal representative, or his legal representative dies, loses his agency, loses his capacity to act, etc.

Interruption of the limitation of action refers to the fact that in the process of limitation of action, the expired limitation period is invalid due to certain legal reasons, and the limitation period is recalculated after the interruption reason is eliminated. Interruption of limitation of action only applies to ordinary limitation of action and special limitation of action, not to the limitation of action of up to 20 years.

There are three legal reasons for the interruption of the statute of limitations:

(1) The obligee brings a lawsuit;

(two) the creditor claims against the debtor outside the litigation;

(3) The debtor agrees to perform the debt to the creditor.

The difference between suspension of limitation of action and suspension of limitation of action mainly includes the following aspects:

(1) The reason for the suspension of the limitation of action is due to circumstances other than the subjective will of the parties. The reason for the suspension of the limitation of action depends on the subjective will of the parties, that is, the expression or behavior of the parties when exercising their rights or performing their obligations.

(2) The suspension of the limitation of action can only occur in the last six months of the limitation of action, while the suspension of the limitation of action can occur in the whole period of the limitation of action.

(3) the suspension of the limitation of action is a temporary obstacle to the completion of the limitation, and the limitation period that has been carried out before the suspension is still valid, and the limitation will continue after the suspension is eliminated; The interruption of limitation of action is the fundamental obstacle to the completion of limitation of action. The aging period that has been executed before the interruption is invalid, and the calculation is restarted after the interruption. Therefore, before and after the interruption, there are actually two kinds of movement restrictions.