The statute of limitations is three years.
1, general statute of limitations
Refers to the universally applicable prescription, which is not specified for a special situation, but is universally applicable. For example, Article 188 of China's Civil Code (which came into force on 202 1 1) stipulates: "The limitation of action for requesting protection of civil rights from the people's court is three years, unless otherwise stipulated by law." It can be seen that the general statute of limitations of civil litigation in China is three years.
2. Special statute of limitations
Special prescription is superior to ordinary prescription, that is to say, where there is a special prescription, special prescription is applicable. Article 188 of China's Civil Code stipulates: "If the law has other provisions on prescription, such provisions shall prevail."
1, article 188 of the Civil Code, the limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail.
2. Article 62 of the Patent Law stipulates that the limitation of action for patent infringement is 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.
3. Paragraph 1 of Article 32 of the State Compensation Law stipulates that 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.
4. Paragraph 2 of Article 257 of the Maritime Code stipulates that the limitation period for claims related to voyage chartering contracts is two years, counting from the day when you know or should know that your rights have been infringed.
5. 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 according to the following provisions:
(1) The passenger's claim for personal injury shall be counted from the date 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.
6, the "labor law" unit will save the labor contract text and related written materials for 2 years.
7. According to Article 45 of the Product Quality Law, the limitation period 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 are damaged. 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, it did not exceed the express safe use period.
Legal basis:
Article 188 of the Civil Code
The limitation period for requesting protection of civil rights from the people's court is three years.
Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it.
Where there are other provisions in the law, those provisions shall prevail.
However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.