civil relations - a specific area, the regulation of which is mainly built on the dispositive norm.But carriers of subjective rights are entitled to the protection thereof pravoupolnomochennymi authorities for a certain, regulated by the laws of life.This is the time and was called "Limitation of actions in civil law."
From the very core of civil relations, the category of prescription is multifaceted.And, therefore, it is important to be clear about what does it include and what kinds of shares.
concept
very definition of the statute of limitations can be stated quite simply - a period during which the subject is entitled to seek the protection of personal legal interests arising from civil-law field, to the competent authority.However, this definition is too vague and needs clarification.
In - first , the statute of limitations in civil law - a general term established by law for the competent authorities of upholding their rights.From this it follows that the given period of time does not stop if the person has filed an action for protection of their rights in court.
Second , the establishment of a clear statute of limitations has no formal and practical.Its importance lies in the fact that the competent authority has the opportunity to precisely establish the truth of the case and to ensure the timeliness of enforcement.
Third , the statute of limitations in civil law virtually guarantees strengthening of the rights of the purchaser and protect them from unfair attacks.
establishment of these three characteristics leads to the conclusion that the statute of limitations is presented a special institution of civil law, contributing to the strengthening of the constitutional rights of ownership of the tangible and intangible objects.
Types of limitations
legal doctrine and practice has developed two major categories of limitations, or rather: general and special.
Total statute of limitations fixed by the legislation in general provisions on civil matters.It is used in cases where special rules of law is not regulated otherwise.The general limitation period is one, but a very important feature - it can not be changed by the will of the parties - participants of legal relations.Law of the Russian Federation general statute of limitations in civil law is established for a period of three years (see the provisions of Articles 196 and 198 of the Civil Code).
Special variety based on the specific instructions of the civil legislation to change the general term of limitation by its extension or contraction.A good example of this kind can serve as provisions for challenging the quality of the work or services for the transportation.And just as common, it has a special kind of imperative nature of the interim period.
Types of limitation periods
Depending on various classifying signs lawyers give different typology of the institution of civil rights industry.The above types of limitations can be considered the first division, conducted on the principle of subordination to the general rule.
second aggravating circumstance is to identify the moment of occurrence of limitations.Therefore, it can be divided into the following types of terms:
1. Date, calculated from the date when the right holder should have learned of the violation of the right.
2. term beginning at the time of the final fulfillment of the obligation.
3. Dates, dating from the time of detection specified agreement or legislation disadvantages.
Other types of limitation periods have situational and can be classified only for certain civil relations.
In conclusion, it should be noted that the statute of limitations in the civil branch of the law - it is one of the fundamental institutions, a clear understanding and competent use of which allows you to effectively use their right to protect legitimate interests in strictly stipulated terms.
