How long is the arrears contract valid for, and how long is the arrears contract generally valid

Article 188 of the General Provisions of the Civil Law stipulates that "the limitation period for filing a request to the people's court for the protection of civil rights shall be three years." Where the law provides otherwise, follow those provisions.

According to China's provisions on the statute of limitations, if the arrears agreement stipulates a repayment date, there is a three-year statute of limitations from the date of expiration, and the creditor's rights should be claimed in accordance with the law within those three years. Of course, if the claim is asserted before the expiration of the time limit, the term will be automatically interrupted and extended for another 3 years. If the arrears agreement does not stipulate a repayment date, the debtor may claim the claim at any time, but the maximum statute of limitations of 20 years should not be exceeded.

The statute of limitations for recourse to contract arrears is set at 3 years, and it can also be prosecuted. The recourse period of the arrears contract is divided into two situations: first, if your arrears agreement specifies a repayment period, then the statute of limitations is calculated from the date of the specified repayment period to three years; Second, if there is no agreed repayment date, the recourse period shall be 3 years from the time when the right holder claims the right, but the maximum shall not exceed 20 years.

Legal analysis

How long is the contract in arrears valid from the point of view of the statute of limitations. The signing of a contract for arrears falls within the scope of civil law, and therefore, the repayment period of a contract for arrears is valid for two years after the expiration of the contract between the parties as agreed by the parties. If there is no agreement between the parties, then the creditor may claim against the debtor at any time, but not more than 20 years.

In a general sense, the termination time of the contract is usually the completion of the performance of the contractual obligations agreed in the contract, and the contract cannot be performed due to the negligence or intention of one party; During the performance of the contract, the contract can be terminated at any time; In the course of the performance of the contract, the contract can be terminated, and if one party has conclusive evidence to prove that the other party is unable to perform or cannot fully perform the obligations of the contract, then the criteria for judging whether the contract is terminated are mainly the following categories, and the other party can terminate the contract and claim compensation. 1. If the contract cannot be performed due to force majeure, the termination time of the contract is not agreed; 2. The other party clearly states that it will not perform its contractual obligations.

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 188 of the General Provisions of the Civil Law of the People's Republic of China stipulates: "The statute of limitations for filing a request to the people's court for the protection of civil rights shall be three years, unless otherwise provided by law." Article 137 of the General Principles of the Civil Law provides:

The statute of limitations is calculated from the time when the right was known or should have been known. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not protect them. Where there are special circumstances, the people's court may extend the statute of limitations.

Article 140 stipulates: "The statute of limitations is interrupted by the initiation of a lawsuit, the request of one of the parties, or the agreement to perform an obligation. From the time of interruption, the statute of limitations recalculates.

According to these provisions, the statute of limitations for loans for which the repayment period has not been agreed shall be calculated separately according to the following circumstances:

1) For a debt relationship without an agreed performance period, in accordance with Article 88 of the General Principles of the Civil Law, "if the performance period is not clear, the debtor may perform its obligations to the creditor at any time, and the creditor may also require the debtor to perform its obligations at any time, but the other party shall be given the necessary time to prepare." Therefore, the two-year ordinary statute of limitations is calculated from the date on which the obligee asserts the right and the obligor refuses to perform the obligation.

However, if the creditor has not asserted the claim, the statute of limitations cannot commence.

2) After the statute of limitations is interrupted due to the obligee's assertion of creditor's rights or the obligor's agreement to perform obligations, if the obligee again asserts the rights or the obligor agrees to perform the obligation again within the new statute of limitations, it may be found that the statute of limitations has been interrupted again. From the time of the second interruption, the limitation period shall be recalculated again, and the number of interruptions of the limitation period is not limited. However, to claim the interruption of the statute of limitations, there must be sufficient evidence to prove it.

3) If the creditor has not asserted its rights, the maximum limitation period shall apply, which shall be 20 years from the date of occurrence of the creditor's rights and debts, and the people's court shall no longer provide protection for more than 20 years.

The statute of limitations for a contract of arrears generally refers to the statute of limitations, and the law stipulates that the statute of limitations for filing a request to the people's court for protection of civil rights is three years. Where the law provides otherwise, follow those provisions. Therefore, the contract for arrears is valid for three years.

Legal basis Article 188 of the Civil Code stipulates that the statute of limitations for filing a request to the people's court for 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 have known that the right has been instructed to register the damage 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 protect them, and if there are circumstances of special splits, the people's courts may decide to extend the rights holder on the basis of the right holder's application. The above is the relevant answer to the question and the legal basis, you can read it carefully. ”