Knowledge of the laws largely simplifies our lives.Versed in this area is always perfectly armed, because he knows not only how to protect their rights, but also periods when they can be protected.Of course, before going to court tenderly sure to find out what the statute of limitations in your case is set by law.In fact, it's not so easy if only because of the fact that each taken alone case should be considered individually.It is not just about the time frame in which can be sued in court, but about at what point this same period begins.
What is behind the term "statute of limitations"?
Today, under the limitation period refers to a specified period, after which disappears opportunity to protect their violated rights in court.In that case, if a person has missed the period when it was possible to go to court, he will not be able to do so in the future.Of course, we are talking only about those situations where there were no circumstances that prevent him from time to sue.
There is a general statute of limitations, as well as special.Article 196 of the Civil Code states that the total period is three years.Sometimes it sets up a special period which is slightly shorter or longer than the main one.
limitation period: at what point does it start?
1) This period begins on the day when the person was made available to the information about the offense that was committed.In some cases, the person at the right time for one reason or another did not know that this period began.As a rule, in the future, such issues are decided by the court, acting solely on the circumstances.
2) End of period of performance is the one that begins with the period of limitation for obligations whose execution time is set;
3) Sometimes the term is not defined.In such cases, it starts from the moment when the creditor is entitled to demand fulfillment of obligations.
4) This period on the regressive obligations begins with the moment when the principal obligation was fulfilled.
Limitation: special terms
limitation period:
- family disputes does not expire;
- under a contract of insurance equal to two years;
- under the contract is one year, and in the case when it comes to any buildings or structures - three years.It starts from the moment when the result of the work has been adopted in its entirety;
- the loan is three years.It starts from the moment when there was a violation of the treaty rights;
- the contract of cargo it is equal to one year, when it comes to the loss of baggage, delayed delivery, shortage and other matters;
- on labor disputes is three months.
- on various tax issues of individuals is six months.
Regarding the application of the limitation period
Just the opposite side of the application can cause the application of the term by the courts.In the presence of such a request the judge has every right to take a decision to close the case due to the fact that the period of time to finish.In this case, it may not even consider any other circumstances of the case.
course, this period may be reduced.This is a complex process, but in some cases will have to go through it.Recovery is possible only if the court will pass this term is recognized as happened for a good reason.It is understood that in the life of a person can become a victim of the circumstances that simply will not allow him to appeal to the court, as he would have wanted either.Military service, serious illness, captivity, etc. - are all valid reasons, the court can not take into account.
