You probably noticed that everything in our life has its own period in time. For example, the service life, shelf life of the product, contract, punishment, etc. This list can be continued for a long time. The limitation period (hereinafter referred to as the “ID”) is precisely such an institution of law that the legislator provided for in art. 196 of the Civil Code to establish certainty and strengthen discipline in civilian circulation. Let's take a closer look.
You should know it
An ID term is a period of time regulated by legal norms when individuals / legal entities can legally assert their rights.
It is necessary to have a general idea of this concept, since each of us in our life at least once faces the need to fight for our rights in court.
As you already understood, the use of this term is closely related to the functioning of Themis, since the assertion of rights through a lawsuit is possible only in the corresponding process.
Art. 196 of the Civil Code of the Russian Federation says that "the total limitation period is 3 years."
It bears such a name, since it is applicable to all relations, with the exception of those for which special periods of ID are provided, that is, shortened or longer ones.
Art. 196 and 200 of the Civil Code of the Russian Federation in their entirety determine the start of the above period, in particular - from the moment the person discovered or should have discovered a violation of rights, and also found out who is the proper defendant in the dispute.
Which are there?
As mentioned above, the terms of ID in legal practice are general and special.
As indicated in Art. 196 of the Civil Code of the Russian Federation with comments, for three years form the general interval of the ID, which is used in all respects in the field of civil circulation, when the other is not provided for in regulatory legal acts.
Special (special) terms are provided for the regulation of individual legal relations. So, an example is the following:
- invalidation of transactions and application of consequences - 1 year;
- for disputes arising from contracts of carriage - 1 year;
- inadequate quality of work - a year;
- property insurance - 2 years;
- void transactions - 3 years.
The specified should be remembered when applying to the court to fight for their rights. Therefore, if you do not have a legal education, it is better to go for a consultation with a professional.
On practice
How to use Art. 196 of the Civil Code? So, let's move on to the practical side of this issue. Suppose you hired a construction company to carry out repairs in your apartment. The result of the work was accepted without comment, but after 2 years you discovered minor flaws and wanted to sue the contractor for the inadequate quality of work. The court accepted the application without comment, and began to consider the dispute. “How is this so?” Some will ask, “have you already missed the deadline for the 1-year claims on these claims?” Yes, everything is true, however, the court in accordance with Part 1 of Art. 199 of the Civil Code of the Russian Federation must accept for consideration the requirements, regardless of the expiration of the specified period. However, the interested party, that is, the defendant, has the right on the basis of the totality of Art. 196, 199 of the Civil Code of the Russian Federation in the process to inform about the passage by the plaintiff of a given statute of limitations. The court, on its own initiative, will not use the consequences of its expiration.
A statement can be made in writing or in a meeting orally under the minutes. At the same time, the expiration of the ID is a separate reason for the court to refuse the claim.
In order to better understand what the consequences may be if the ID period is not observed, one case study should be given as an example. The couple divorced, determined that common children would live with their mother, but the question of property did not arise. Time passed, the head of the family did not pay alimony, did not make itself felt. After 3.5 years after the divorce, the husband was going to divide the “marriage” odnushka by paying him a share. But in court, the spouse was not taken aback, she informed the court about the expiration of the ID period, of which she submitted a corresponding application. The case was won, the minister of Themis refused to satisfy the claim to the head of the family.
Sample application
So, suppose that you are a defendant in a dispute in which the plaintiff filed a claim for a debt collection, having missed the deadline for ID. In this case, you need to declare in court that the ID period has ended. It is better to do this in writing in accordance with Art. 196 of the Civil Code of the Russian Federation in the following form.
Sample application No. 1To Batetskiy District Court Novgorod region Plaintiff: Petrov V.V. address: Defendant: D. Semenov address: Civil Case No. Statement The court is considering a civil case No. according to the claim of Petrov V.V. to me, D.Semenov, on the performance of a monetary obligation. The limitation period is 3 years. By the time of the application of Petrov V.V., he had expired. Based on the foregoing, Article 199 of the Civil Code of the Russian Federation, ASK: apply the limitation period, the claims are not satisfied. The date. Signature of the defendant. |
For clarity, we also give the second sample.
Application Form No. 2To the Arbitration Court Astrakhan region Claimant: LLC Aphrodite INN OGRN address: Defendant: Zeus LLC INN OGRN address: Case No. Statement The court accepted case No. on the claim of Aphrodite LLC against Zeus LLC on declaring the contract dated 12/15/2014 invalid and applying the corresponding consequences. The limitation period is 1 year. On the date of submission of the application by Aphrodite LLC, it has expired, that is, the claims are insolvent, are not subject to trial. Based on the foregoing, Article 199 of the Civil Code of the Russian Federation, ASK: refuse the claim of LLC Aphrodite. The date. General Director of Zeus LLC. M.P. |
Start
It has already been said above when the start of the ID term begins. Now let's talk about individual cases. So, in legal relations with a certain period of fulfillment of obligations, the period of ID begins after the completion of the period of fulfillment of the latter. For example, you can start collecting a debt only after the time set for its return.
If the moment of fulfillment is not defined or appointed on demand, then it begins with the period of statement of such requirements.
Moreover, under paragraph 2 of Art. 196 of the Civil Code of the Russian Federation, the universal term for recovery cannot be more than 10 years from the date of the appearance of the obligation itself. If it is recourse, then the ID period begins after the fulfillment of the initial obligation (claim by the head of the damage from the employee to reimburse him to third parties).
Suspension
This measure is applied in the following cases:
- any emergency (force majeure) prevented the filing of the claim;
- the parties are part of the RF Armed Forces in martial law;
- established a moratorium on performance of obligations;
- postponement of a normative act ordering the relevant relations.
It is worth noting that these circumstances should appear or exist in the final six months of the entire period of the ID. Only in this situation is it possible to suspend it.
In the event that individuals resort to non-judicial methods of dispute resolution (mediation, etc.), the period shall be suspended for the duration of these procedures or for 6 months, unless a specific time is indicated.
At the moment when these circumstances have disappeared, the term shall resume. Moreover, if the remaining part is less than 6 months, it increases to this figure. In the case when the period is only 6 months or less, - until the entire period of the ID.
Break, recovery
A pause during the ID period is possible due to the counterparty taking actions to recognize a debt for him (for example, payment of a penalty on a primary obligation).
A break differs from a suspension in that after it the ID period begins to be counted again.
If you apply to the court for the protection of rights, then the deadline ceases to flow from the date of application.
In the event that the lawsuit is left without consideration, the period of publication continues on general terms, unless otherwise provided by the relevant regulatory acts.
What to do if the deadline is missed?
It can be restored by going to court and only for good reasons, to which the law includes “a serious illness of the plaintiff, illiteracy, helpless state”, etc. Moreover, to recognize the correctness of these grounds, they must act in the last six months of the period, and if the latter is equal to this time period or less - during the period of ID.
It is worth noting that for claims related to entrepreneurial activity, the period of the IP is not restored.
Expiration date
With the completion of this time interval, the possibility of protecting rights is lost, with the exception of cases of its restoration.
Thus, according to the general principle, after the end of the three-year period established by paragraph 1 of Art. 196 of the Civil Code of the Russian Federation, it is no longer possible to file a claim with a court.
If a person fulfilled the obligation upon expiration of the period of ID, then he cannot demand that it was performed back.
In the case when, after the end of the period, the debtor recognizes the debt in writing, the countdown begins anew.
If the deadline expires on the basic requirement, then the period of the ID and on additional requirements (collection of fines, bail, etc.) ends.
Exceptions
There are exceptions to any rule, and the situation is the same at the statute of limitations.
Areas where it does not work:
- protection of intangible goods, for example, the right to honor, name, etc .;
- issuance of bank deposits;
- recovery of harm regarding the life / health of citizens;
- negative claims;
- other requirements.
Consequently, in these areas of law, applications can be submitted, not limited to the universal limitation period of Art. 196 of the Civil Code of the Russian Federation.
Finally
Finally, I want to emphasize that the establishment of this institution is legislative in Art. 196 of the Civil Code of the Russian Federation is very important, since it is aimed at organizing timely protection of the rights of citizens and eliminating dishonesty.