Knowledge of laws makes our life much easier. Understanding in this area is always perfectly armed, as he knows not only how to protect his rights, but also the timing when they can be protected. Of course, before going to court, it’s gently necessary to find out how long the statute of limitations in your case is established by law. In fact, this is not so simple, if only for the reason that each individual case should be considered individually. It is not only about the time period in which a lawsuit can be filed with the court, but also about when it begins.
What is hidden behind the term “limitation period”?
Today, the limitation period means a specific period, at the end of which the opportunity to protect their violated rights in court will disappear. In the event that a person has missed the period when it was possible to go to court, he will no longer be able to do this in the future. Of course, we are talking only about those situations where there were no circumstances that prevented him from filing a lawsuit on time.
There is a general limitation period, as well as a special one. Article 196 of the Civil Code says that the total period is three years. Sometimes a special term is set, which is somewhat shorter or longer than the main one.
Statute of limitations: at what point does it start?
1) This period begins on the very day when information about the offense that has been committed has become available to the person. In some cases, at the right time, a person for one reason or another does not know that this period has begun. As a rule, in the future, such issues are decided by the court, acting solely on circumstances.
2) The expiration of the fulfillment of obligations is the beginning of the limitation period for obligations for which the time for fulfillment is established;
3) Sometimes the deadline is not defined. In such cases, it begins from the very moment when the creditor obtains the right to demand performance of obligations.
4) This period for regressive obligations begins from the moment when the main obligation was fulfilled.
Statute of limitations: special periods
Statute of limitations:
- for family disputes does not have a time limit;
- under an insurance contract is two years;
- under a work contract is equal to one year, and in the case when it comes to some buildings or structures - three years. It starts from the moment when the result of the work has been accepted in its entirety;
- the loan is equal to three years. It begins from the moment when a violation of the rights established by the contract occurred;
- under the contract of carriage, it is equal to one year, when it comes to the loss of luggage, delay in delivery, shortage and other things;
- for labor disputes is equal to three months.
- for various tax disputes of individuals is equal to six months.
Regarding the application of the limitation period
Only the request of the opposite party can cause the application of this term by the courts. If there is such a petition, the judge has every right to make a decision to close the case due to the fact that the term has ended. In this case, he may not even consider any other circumstances of the case.
Of course, this period can be restored. This is a complex process, but in some situations you will have to go through it. Reinstatement is possible only if the court admits the omission of this period as having occurred for a good reason. This means that in life a person can become a victim of circumstances that simply will not allow him to file a lawsuit, no matter how much he wants. Military service, a serious illness, being held captive, etc. are all good reasons that the court cannot but take into account.