Statute of Limitations and Statute of Limitations for Protection in CPA Economic Law

The former refers to the fact that the right holder clearly knows that its rights have been infringed, but fails to exercise its statutory rights after the statute of limitations of 2 or 1 year has expired, and loses the right to win the lawsuit.

The latter refers to the fact that the right holder does not know that its rights have been infringed within 20 years, and after the 20-year statute of limitations, it still does not exercise its statutory rights and loses the right to win the lawsuit.

This is because the statute of limitations begins when the right holder knows or should know that his rights have been infringed.

For example, if the IOU stipulates the date of repayment, then the creditor's statute of limitations starts from the date of repayment, because at this time, the creditor knows or should know that he can exercise his claim. If the statute of limitations has not been interrupted for more than two years, resulting in the debt becoming a natural debt and losing the right to prevail in the lawsuit, the debtor may request that the creditor lose the lawsuit on the grounds that the creditor has exceeded the statute of limitations.

If there is no repayment date specified in the IOU, then the creditor can claim repayment from the debtor at any time within 20 years and is protected by the law, of course, when the creditor makes a demand for repayment from the debtor, the two-year statute of limitations begins to run. The creditor did not interrupt the statute of limitations for 20 years, which also caused the debt to become a natural debt.

Statute of limitations.

Chapter II: Basic Civil Legal System.

Knowledge points] basic theory of statute of limitations.

Basic Theory of Statute of Limitations.

1.The concept of statute of limitations.

1) Basic concepts.

The statute of limitations refers to the system in which the right to claim claims is not exercised for a certain period of time and the protection of the state's coercive power is lost. The statute of limitations is a silver imitation event in legal facts.

2) Features. The expiration of the statute of limitations does not extinguish substantive rights.

The passage of the statute of limitations does not affect the creditor's filing of a lawsuit, that is, the creditor does not lose the right to sue.

If the debtor asserts the defense of the statute of limitations, the court shall dismiss the claim if it confirms the expiration of the statute of limitations.

Tip 1] If the parties do not raise a defense of the statute of limitations, the people's court shall not interpret the issue of the statute of limitations and make a judgment on the active application of the provisions of the statute of limitations.

Tip 2] If a party does not raise a statute of limitations defense during the first instance and raises it during the second instance, the people's court will not support it, except in cases where it can prove that the other party's right to claim for rolling over has expired on the basis of new evidence.

Tip 3] When the statute of limitations expires, and one party expresses its intention to agree to perform its obligations to the other party or voluntarily performs its obligations, and then makes a defense on the grounds that the statute of limitations has expired, the people's court will not support it.

The statute of limitations is mandatory.

The parties' prior waiver of the interest in the statute of limitations is invalid. The specific content of the statute of limitations, such as the duration of the statute of limitations, the method of calculation, and the reasons for suspension or interruption, shall be prescribed by law, and the agreement of the parties shall be invalid.

2.Statute of limitations and exclusion period.

Interpretation] The exclusion period refers to the period during which the law stipulates the predetermined existence of a certain right, and the right holder does not exercise the right during this period, and the legal consequences of the extinction of the right can occur upon the expiration of the predetermined period.

3.Who does the statute of limitations apply to.

1) The provisions of the General Provisions of the Civil Law on the non-application of the statute of limitations to the right of claim:

request cessation of infringement, removal of obstruction, elimination of danger;

Request for return of property by the owner of the right to immovable property and registered movable property;

request for payment of alimony, alimony or alimony;

Other claims to which the statute of limitations does not apply in accordance with law.

2) Provisions of the judicial interpretation on the right to claim creditor's rights that do not apply to the statute of limitations:

the right to claim payment of the principal and interest of the deposit;

the right to claim the principal and interest of treasury bonds, financial bonds and corporate bonds issued to unspecified targets;

The right to claim for payment of capital contributions based on the investment relationship.