Numerous laws have been written and adopted, the main established rules and principles are summarized in a wide variety of codes, but there are frequent cases of violation of the rights of individuals and legal entities, as well as leaving violators unpunished and violated rights not restored. Is this really another manifestation of the imperfection of the domestic legal system, which they like to talk about on the pages of the "yellow press" and other "progressively inclined" media? Despite all the shortcomings in the field of legal protection, when the rescue of drowning people is provided in their own hands, it is the indecision and ignorance of the victims themselves that contribute to this negative phenomenon. The cornerstone of all disputes arising, and in particular the scope of application of civil law, is the statute of limitations in civil matters.
Even if legal entities, the existence of which presupposes at least minimal legal training of founders and managers, often show confusion in this matter, what can we say about individuals, who are our fellow citizens, with their low average level of legal training. And this despite the ever-growing number of lawyers and other professionals with legal education.
Knowing your rights is a key to success in civil disputes. There are frequent cases when the offender, faced with the opponent’s right footing, decides to retire and deal with the problem on the spot, resolve it without inflating and not heating up the situation by going to court. But if the issue is gaining a fundamental character and, moreover, is heated up by its high cost or of particular importance for the disputed subject of their disagreements, then the court (arbitration court, arbitration court) cannot do without help. Here it is necessary to recall how the calculation of terms in civil law occurs for the correct and timely execution of a statement of claim.
The statute of limitations for civil cases is calculated differently for each specific case; it has its own size, dimension and calculation procedure. Being a fairly general concept, it includes regulatory periods and terms determined by the transaction, the contract, as well as the terms appointed by the court.
Among the normative time periods, the main one is the limitation period in civil cases, which corresponds to the concept of “limitation period”. Its magnitude allows the victim to slowly determine the lawsuits against the violator, determine the tactics for protecting their rights, and prepare all the evidence necessary for the successful completion of the dispute. Limitation of limitation of actions not only disciplines the participants in the civil process, but also allows the court to make the most accurate decision based on real evidence that has not lost its force.
Civil Code the limitation period is divided into general and special. They vary depending on the subject matter of the dispute. For a general term, the Law defines a period of three years, which is enshrined in the Civil Code of the Russian Federation by Article 196, and, for example, in international law it reaches 4 years according to Art. 8 of the Convention on the limitation period in international purchase.
A special limitation period is provided by law for individual cases. It can be more and less from the main time interval. As an example, Art. 181 of the Civil Code of the Russian Federation determines the time period for filing a claim for invalidating the so-called void transaction within a ten-year period from the date of its execution. For a claim for recognition of a transaction as disputable invalid - one year from the date of elimination of the impact of the threat or violence, under the pressure of which the transaction was concluded (Civil Code, Article 179) ...
A very important point in considering the issue of limitation in the process of determining the deadlines is the procedure for suspending the statute of limitations. It is defined as the occurrence of circumstances from the moment of occurrence of which, until their completion, there is a break in calculating the general statute of limitations. To determine these points, the requirement of the Civil Code of Art. 202 h. 1.
In general, the statute of limitations in civil matters is not an obstacle to filing an application with the court. There are many nuances that allow you to restore your rights even in the most hopeless situations.