written and adopted numerous laws, established the basic rules and principles are summarized in a variety of codes, but there are cases not only the violation of the rights of individuals, as well legal entities, as well as leaving offenders unpunished and violated rights are not restored.Is this is another manifestation of the imperfection of the domestic legal system, which like to talk on the pages of the "yellow press" and other "progressive-minded" media?Despite all the shortcomings in the legal protection that the rescue of drowning is provided in their own hands, that indecision and ignorance victims themselves contribute to this negative phenomenon.The basic question of all arising disputes, and in particular the application of civil law, a statute of limitations on civil cases.
even if legal persons whose existence presupposes a modicum of legal training of the founders and leaders often show confusion on this issue, what to talk about individuals, which are our fellow citizens, with their low average level of legal training.And this is despite the growing number of lawyers and other professionals with a legal education.
Knowing your rights is the main key to success in civil disputes.There are cases when the offender faced with right podkovannosti opponent decides to retire, and to cope with the problem on the spot, it does not allow inflating and not escalate the situation to court.But if the issue is gaining a fundamental nature and besides, fueled by high costs or special importance to the dispute subject of their disagreement, without the aid of the court (court of arbitration, the arbitral tribunal) can not do.And then it will have to recall how the calculation of time limits in civil law for the proper and timely registration of the claim.
Calculated statute of limitations on civil cases are different for each case, it has its value, and the dimension of the order of calculation.Being a rather general concept, it includes the standard terms and the terms defined by the transaction agreement, the periods prescribed by the court.
Among the regulatory time periods, mainly coming from the statute of limitations on civil cases, which corresponds to the term "statute of limitations".Its value allows the victim slowly to determine the claims to the violator, to define a strategy to protect their rights, to prepare everything necessary for the successful completion of a dispute the evidence.Restriction of limitations in terms of not only the discipline of participants of civil process, but also allows the court to make the most tuned solution based on real evidence, have not lost their power.
Civil Code the limitation period falls into the general and the special.They vary depending on the subject matter.For the general terms of the Law specifies a period of three years, which is enshrined in Article 196 of the Civil Code, and, for example, in international law, he is 4 years according to Art.8 of the Convention on the Limitation Period in the International Sale of Goods.
special limitation period provided by law for cases of hotel.It may be more, or less of the main slot.As an example, Art.181 of the Civil Code of the Russian Federation shall determine the period for filing a lawsuit to invalidate the so-called void transaction in the ten-year period since the beginning of its execution.For a claim for recognition of the transaction voidable invalid - one year after eliminating the impact of threats or violence, under the pressure of which was the transaction (Civil Code Art. 179) ...
very important point in considering whether the statute of limitations in determining the timing of a procedure for the suspension davnostnogoperiod.It is defined as the occurrence of the circumstances upon occurrence of which up to their end comes a break in the calculus general statute of limitations.To determine these points is a requirement of the Civil Code Art.202 h. 1.
In general, the statute of limitations on civil cases are not an obstacle to the submission of the application to the court.There are many nuances that allow to restore their rights, even in the most desperate situations.
