Suspension of the Statute of Limitations What does it mean to interrupt?

The reasons for the suspension of the statute of limitations include: (1) force majeure: such as natural disasters, military operations, etc.; (2) Other obstacles:

A person who lacks or has limited capacity for civil conduct does not have a legal person, or a person who is legally responsible for civil conduct dies, loses civil capacity, or loses rights; Failure to determine the heir or administrator after the commencement of the inheritance; The obligee is controlled by the obligor or other person; Other obstacles that prevent the right holder from exercising the right to claim.

1. Suspension: In the last 6 months of the statute of limitations, if the claim cannot be exercised due to force majeure or other obstacles, the statute of limitations shall be suspended. The statute of limitations continues to run from the date on which the reasons for the suspension are removed.

2. Interruption: The statute of limitations is interrupted by the filing of a lawsuit, the request of one of the parties or the agreement to perform the obligation. From the time of interruption, the statute of limitations period is recalculated.

The circumstances of suspension include: 1. where one of the parties dies and needs to wait for the heirs to indicate whether to participate in the litigation; 2. One of the parties has lost the capacity for litigation and has not yet determined the statutory person; 3. The legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined; 4. One of the parties is unable to participate in the litigation due to irresistible reasons; 5. The present case must be based on the outcome of another case; and another case has not yet been concluded; 6. Other circumstances.

Five minutes to explain the interruption and suspension of the statute of limitations.

Legal analysis: The differences between the two are as follows: 1. The reasons for the occurrence are different.

Where the statute of limitations is suspended, force majeure or other obstacles make it impossible to exercise the right to claim, the statute of limitations is interrupted due to the initiation of a lawsuit, a request by one of the parties, or an agreement to perform an obligation; 2. The time of occurrence is different. Suspension of the statute of limitationsWithin 6 months after the end of the statute of limitations, the statute of limitations is interrupted for the entire duration of the statute of limitations; 3. The legal effect is different. From the date on which the reason for the suspension of the statute of limitations is eliminated, the statute of limitations period shall continue to be calculated, and the statute of limitations shall be recalculated after the interruption of the statute of limitations.

Legal basis: Article 197 of the Civil Code of the People's Republic of China: The period and calculation method of the statute of limitations, as well as the reasons for suspension or interruption, shall be prescribed by law, and the agreement of the parties shall be invalid.

1) Similarities between suspension and interruption of the statute of limitationsThe similarity between interruption and suspension of the statute of limitations is that both have the effect of hindering the completion of the statute of limitations due to the occurrence of certain statutory causes before the expiration of the statute of limitations. The difference between the interruption and suspension of the statute of limitations is reflected in three aspects:

2) The difference between suspension and interruption of the statute of limitations.

1) The reason for the occurrence of Zen blindness is different from that of fighting Sakura. Although the facts that cause the interruption or suspension of the statute of limitations are directly stipulated by law, the reasons for the interruption of the statute of limitations are the conscious acts of the parties, including: the right holder's assertion, the obligor's agreement to perform, and the initiation of litigation or arbitration.

The reasons for the suspension of the statute of limitations are beyond the control of the will of the parties, including: force majeure, the failure of the statutory person to determine or the loss of civil acts, and others.

2) The timing of the occurrence is different. There is no legal limit to the number of interruptions of the statute of limitations, however, the statutory cause for interruption of the statute of limitations occurs at any time during the statute of limitations. The stay can only occur within the last six months of the statute of limitations, or if the statutory cause occurred six months ago but continues into the last six months.

Note: If the statutory cause occurs within the last 6 months, if the statutory cause is eliminated and the remaining limitation period is less than 6 months, it is generally believed that 6 months should be made up.

3. The legal effect is different. Interruption of the statute of limitations is to void the validity of the period that has already elapsed, and from the time of the interruption, the limitation period is recalculated. In the case of suspension, the limitation period is only suspended, and the limitation period continues to run after the reason for suspension is eliminated.

To sum up, we can find that the causes, time, and legal effects of the interruption of the statute of limitations and the suspension of the statute of limitations are different, and they are two independent statute of limitations systems that should not be confused.

Article 150 of the Civil Procedure Law of the People's Republic of China provides that in any of the following circumstances, the litigation is suspended: (1) where one of the parties dies and it is necessary to wait for the heirs to indicate whether or not to participate in the litigation; (2) One party has lost the capacity for litigation and has not yet determined the legally-prescribed person; (3) Where a legal person or other organization that is a party is terminated, and the successor of rights and obligations has not yet been determined; (4) One party is unable to participate in the litigation due to reasons of force majeure; (5) The case must be based on the outcome of the trial of another case, and the other case has not yet been concluded; (6) Other circumstances where litigation shall be suspended. After the reasons for the suspension of the proceedings have been eliminated, the proceedings shall be resumed.

Suspension of the statute of limitations refers to a system in which the right holder is unable to exercise the right to claim due to statutory reasons in the last 6 months of the statute of limitations, and the statute of limitations expires 6 months from the date on which the reasons for the suspension of the statute of limitations are eliminated after the statutory causes are eliminated. The interruption of the statute of limitations refers to the system in which the statute of limitations period that has elapsed is invalidated due to the occurrence of certain statutory matters in the course of the statute of limitations, and the statute of limitations period is restarted after the cause of the interruption of the statute of limitations is eliminated.

The difference between suspension and interruption of the statute of limitations is as follows:

1. The time of occurrence is different. The interruption of the statute of limitations can occur at any stage of the statute of limitations; The suspension of the statute of limitations can only occur within the last 6 months of the period of limitations;

2. The legal reasons are different. The statutory cause for the interruption of the statute of limitations is the fact that can be determined by the subjective will of the parties, such as filing a lawsuit or request; The statutory reason for the suspension of the statute of limitations is the fact that the subjective will of the parties cannot be influenced, such as force majeure, the disappearance of the debtor, etc.;

3. The legal consequences are different. If the statute of limitations is interrupted, the statute of limitations period that has elapsed before the occurrence of the statutory cause of interruption is not calculated again, and the statute of limitations period is restarted after the occurrence of the statutory cause, which is actually two statutes of limitations; Suspension of the statute of limitations is to suspend the calculation of the period of suspension and continue to calculate the period of limitation after the statutory reasons for suspension are eliminated.

The following materials shall be provided for prosecution:

1. In civil and administrative complaints, the contact between the two parties must be indicated in the complaint;

2. If the plaintiff is an individual, a copy of the ID card shall be provided, and if the plaintiff is a unit, a copy of the business license and the identity certificate of the legal representative shall be provided (the original ID card or business license shall be provided for verification when filing the case);

3. A copy of the evidence for prosecution (one additional copy is provided according to the number of defendants), and the evidence for prosecution is registered as a "List of Evidence";

4. Provide a copy of the copy of the prosecution evidence and a copy of the evidence list according to the number of defendants and third parties.

Legal basisArticle 195 of the Civil Code of the People's Republic of China.

In any of the following circumstances, the statute of limitations is interrupted, and the statute of limitations period is recalculated from the time of the interruption or the conclusion of the relevant procedures:

1) The obligee submits a request for performance to the obligor;

2) The obligor agrees to perform the obligation;

3) The right holder initiates a lawsuit or applies for arbitration;

4) Other circumstances that have the same effect as filing a lawsuit or applying for arbitration.

Article 52 of the Civil Procedure Law of the People's Republic of China.

The parties have the right to entrust a person to apply for recusal, collect and provide evidence, conduct debate, request mediation, file an appeal, and apply for enforcement.

The parties may consult the relevant materials of the case, and may make copies of the relevant materials and legal documents of the case. The scope and methods for inspecting and reproducing materials related to this case are to be provided for by the Supreme People's Court.

The parties must exercise their litigation rights in accordance with the law, abide by the litigation order, and perform the judgments, rulings and mediation documents that take legal effect.

Interruption of the statute of limitations.

The interruption of the statute of limitations refers to the fact that during the statute of limitations period, due to the occurrence of certain statutory reasons, the elapsed limitation period is invalid, and the limitation period starts again after the cause of the interruption of the statute of limitations is eliminated. There are three statutory reasons for the interruption of the statute of limitations: 1The right holder files a lawsuit2

The right holder claims to the obligor outside the lawsuitThe obligor expresses to the obligee that it agrees to perform the obligation.

Suspension of the statute of limitations.

The suspension of the statute of limitations refers to the suspension of the calculation of the statute of limitations due to certain statutory reasons that make it impossible for the right holder to exercise the right to claim during the statute of limitations. Article 139 of the General Principles of the Civil Law stipulates that: "In the last six months of the period of limitation for litigation, if the right of claim cannot be exercised due to force majeure or other obstacles, the limitation period shall be suspended."

The statute of limitations is suspended subject to the following conditions:

Article 139 of the General Principles of the Civil Law of the People's Republic of China stipulates that if the right to claim cannot be exercised due to force majeure or other obstacles within the last six months of the limitation period, the statute of limitations shall be suspended. The statute of limitations period continues to run from the date on which the reasons for the suspension of the statute of limitations are removed.

Article 20 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Statute of Limitations System in the Trial of Civil Cases stipulates that in any of the following circumstances, it shall be deemed to be "other obstacles" and the statute of limitations shall be suspended:

1) A person whose rights have been infringed upon has no capacity for civil conduct, a person with limited capacity for civil conduct, no legally-prescribed person, or a legally-prescribed person who has died, lost his or her rights, or lost capacity;

2) The heir or estate administrator has not been determined after the commencement of the inheritance;

3) The right holder is controlled by the obligor or other person and is unable to claim rights;

4) Other objective circumstances that cause the rights holder to be unable to claim rights.

The difference between interruption and suspension of the statute of limitations.

1. The time of occurrence is different. The interruption of the statute of limitations can occur at any stage of the statute of limitations; The suspension of the statute of limitations can only occur within the last 6 months of the statute of limitations period.

2. The legal reasons are different. The statutory cause for the interruption of the statute of limitations is a fact that can be determined by the subjective will of the parties, such as the filing of a lawsuit by a party, the request of one of the parties, etc.; The statutory reason for the suspension of the statute of limitations is the fact that the subjective will of the parties cannot be influenced, such as force majeure, the disappearance of the debtor, etc.

3. The legal consequences are different. The statute of limitations period that has elapsed before the occurrence of the statutory cause for the interruption of the statute of limitations shall not be calculated, and the limitation period shall be restarted after the occurrence of the statutory cause ("reset to zero"); Suspension of the statute of limitations is the suspension of the statute of limitations period and the continuation of the calculation of the statute of limitations period after the statutory reasons for suspension have been eliminated (the "pause button").

Meaning of suspension of the statute of limitations:

It means that within the last 6 months of the limitation period, if the right to claim cannot be exercised due to force majeure or other obstacles, the statute of limitations is suspended. The statute of limitations period continues to run from the date on which the reasons for the suspension of the statute of limitations are removed.

Meaning of Interruption of Statute of Limitations:

It refers to a system in which the statute of limitations period that has elapsed is invalid due to the occurrence of certain statutory causes in the course of the statute of limitations, and the statute of limitations period is restarted after the statutory cause is eliminated.

Difference Between Suspension and Interruption of Statute of Limitations:

1. Article 139 of the General Principles of the Civil Law stipulates: "If the right to claim cannot be exercised due to force majeure or other obstacles within the last six months of the limitation period, the statute of limitations shall be suspended. The interruption of the statute of limitations can occur for the entire duration of the statute of limitations.

2. The reason for the suspension of the statute of limitations is due to circumstances other than the subjective will of the parties, and the reason for the suspension must be objective. This objective situation is generally defined as an unavoidable event. The cause of the interruption of the statute of limitations depends on the subjective will of the parties, that is, the expression or behavior of the parties to exercise their rights or perform their obligations.

4. The suspension of the statute of limitations is a temporary obstacle to the completion of the statute of limitations, and the statute of limitations period that has been carried out before the suspension is still valid, and the statute of limitations will continue after the cause of suspension is eliminated; However, the interruption of the statute of limitations is a fundamental obstacle to the completion of the statute of limitations, and the statute of limitations period that has been carried out before the interruption is invalid, and the calculation starts again after the interruption, so there are actually two statutes of limitations before and after the interruption.

There are three main differences between suspension and interruption of the statute of limitations:

1. The cause of the suspension of the statute of limitations is due to circumstances other than the subjective will of the parties, while the cause of the interruption of the statute of limitations depends on the subjective will of the parties, that is, the expression or behavior of the parties to exercise their rights or perform their obligations.

2. The suspension of the statute of limitations can only occur within the last six months of the period of the statute of limitations, while the interruption of the statute of limitations can occur for the entire period of the statute of limitations.

3. The suspension of the statute of limitations is a temporary obstacle to the completion of the statute of limitations, and the statute of limitations period that has been carried out before the suspension is still valid, and the statute of limitations will continue after the cause of suspension is eliminated; However, the interruption of the statute of limitations is a fundamental obstacle to the completion of the statute of limitations, and the statute of limitations period that has been carried out before the interruption is invalid, and the calculation starts again after the interruption, so there are actually two statutes of limitations before and after the interruption.

1. Statute of limitations.

The difference between interrupt and abort is :

1. The time of occurrence is different. The interruption of the statute of limitations can occur at any stage of the period of limitation and can only occur within the last 6 months of the period of limitations;

2. The legal reasons are different. The statutory cause for the interruption of the statute of limitations is a fact that can be determined by the subjective will of the parties, such as the legal cause for filing a lawsuit or requesting the suspension of the statute of limitations is a fact that cannot be influenced by the subjective will of the parties, such as force majeure, the disappearance of the debtor, etc.;

3. The legal consequences are different. If the statute of limitations is interrupted, the statute of limitations period that has elapsed before the occurrence of the statutory cause of the interruption shall not be calculated.