Is there a statute of limitations for project arrears, is there a statute of limitations for project

Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (Provisional).

173. After the statute of limitations is interrupted due to the obligee's assertion of rights or the obligor's agreement to perform obligations, if the obligee claims the rights again or the obligor agrees to perform the obligations again within the new limitation period, it may be deemed that the statute of limitations has been interrupted again.

Where the rights holder claims rights against the debt guarantor, the debtor's ** person, or the property custodian, it may be determined that the statute of limitations has been interrupted.

1. You can recalculate the statute of limitations when you send a reminder letter.

2. The confirmation letter of the other party can also be recalculated, mainly because the creditor's rights and debts have been confirmed, and if the specific amount is disputed, you can go to the court to file a lawsuit, and you don't have to worry about the statute of limitations.

Therefore, each contractor can take measures such as sending a written letter, complaining to the competent department for debt settlement and relevant departments, supplementing the agreement with the employer or signing a repayment agreement, etc., so as to interrupt the statute of limitations. Early.

Legal basis: Civil Code of the People's Republic of China

Article 188:The statute of limitations for requests to the people's courts for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.

Article 189:Where the parties agree to perform the same debt in installments, the statute of limitations period is calculated from the date on which the last period for performance is completed.

Article 192:Where the statute of limitations for litigation is complete, the obligor may raise a defense of non-performance of obligations.

After the expiration of the statute of limitations, if the obligor agrees to perform, the expiration of the statute of limitations period must not be used as a defense; If the person has already voluntarily performed it, it shall not be requested to be returned.

Article 193:People's courts must not actively apply the statute of limitations.

Legal analysis: the statute of limitations for arrears of construction funds is several years The law does not expressly stipulate that the statute of limitations for arrears of construction funds will rise to a positive hail, therefore, the provisions of the General Provisions of the Civil Law shall apply, that is, the statute of limitations of 3 years.

Legal basis: Article 133 of the Criminal Law of the People's Republic of China Whoever violates traffic and transportation management regulations, resulting in a major accident causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents stipulates that a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances:

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility for the accident;

3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate the amount of 300,000 yuan or more.

Where a traffic accident causes serious injury to one or more persons, and bears full or primary responsibility for the accident, and has any of the following circumstances, it is to be convicted and punished as the crime of causing a traffic accident:

1) Driving a motor vehicle after drinking or taking drugs;

2) Driving a motor vehicle without driving qualifications;

3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;

4) Knowingly driving a motor vehicle that is unlicensed or has been scrapped;

5. Clearing) seriously overloaded driving;

Legal analysis: Most of the arrears have lasted for a long time, even more than three years, and some even as long as 10 years. If the project payment is in arrears for too long, the contractor often misses the statute of limitations due to lack of legal awareness or fear of affecting the relationship with the construction party.

Chinese law stipulates that the statute of limitations can be interrupted by certain acts of asserting rights, and the statute of limitations can be recalculated after the interruption.

Therefore, each contractor can take the form of a written letter (the other party must sign for receipt or take the form of ** letter to prove that it has been delivered), complain to the debt settlement department and relevant departments (there must be a written record), and sign a supplementary agreement with the employer or sign a repayment agreement, so as to interrupt the statute of limitations.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 22: The people's court for the plaintiff's domicile has jurisdiction over the following civil litigation; Where the plaintiff's domicile is inconsistent with the plaintiff's habitual residence, the people's court for the plaintiff's habitual residence has jurisdiction

1) Litigation concerning identity relationships brought against persons who do not reside within the territory of the People's Republic of China; (2) Litigation related to identity relationships raised against persons whose whereabouts are unknown or who have been declared missing; (3) Litigation against persons subject to compulsory education measures; (4) Proceedings against incarcerated persons.

Article 23: The people's court at the place where the defendant is domiciled or where the contract is performed has jurisdiction over litigation arising from contract disputes.