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The term of the IOU is the date of repayment, and the litigation period is two years from the date of repayment. During this period, you can file a lawsuit for repayment. This period cannot be exceeded, and it will be invalid after the litigation period.
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1. For private loans with regular repayment, the statute of limitations is 2 years from the date of expiration of the repayment period, and if the statute of limitations exceeds 2 years, a lawsuit may also be filed and shall also be accepted, but if the defendant defends that the statute of limitations has expired, the defendant loses the right to prevail;
2. Private loans with irregular repayment, that is, private loans that do not indicate the date of repayment, are not subject to the limitation of the statute of limitations, but are subject to the maximum protection period of 20 years.
3. Article 135 of the General Principles of the Civil Law stipulates: "The statute of limitations for filing a request to the people's court for protection of civil rights is two years, unless otherwise provided by law." "Article 137 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.
Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China.
Article 219:Where a party initiates a lawsuit beyond the statute of limitations, the people's court shall accept it. Where, after acceptance, the opposing party raises a statute of limitations defense, and the people's court finds that the defense is established after trial, it shall make a judgment rejecting the plaintiff's litigation claim.
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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.
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 119: Where the statute of limitations period 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 defense must not be based on the expiration of the period of the statute of limitations; Where the obligor has already voluntarily performed it, it must not be returned.
Article 193:People's courts must not actively apply the statute of limitations.
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The recovery period for debt recovery is generally three years. If it has been more than 20 years, the people's court will not grant protection, and if there are special circumstances, the rights holder may apply to the people's court for an extension. Where arrears are to be performed in installments, the statute of limitations period is calculated from the date on which the last period for performance expires.
[Legal basis].
Article 188 of the Civil Code of the People's Republic of China.
The statute of limitations for filing a request to a people's court for the protection of civil rights is three years. If the law provides otherwise, the provisions shall be changed in accordance with the imitation fiber.
The statute of limitations period is calculated from the date on which the right holder knows or should know that the rights have been damaged and the obligations of the person whose obligations have been broken. Where the law provides otherwise, follow those provisions. However, where more than 20 years have elapsed since the date on which the rights were infringed, the people's court shall make a judgment not to grant protection, and where there are special circumstances, the people's court may decide to extend the protection on the basis of the right holder's application.
Article 189.
Where the parties agree to perform the same debt in installments, the limitation period is calculated from the date on which the last period for performance expires.
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What is the legal recourse period for an IOU, and the statute of limitations for an IOU is three years.
1. If the date of repayment is indicated, the statute of limitations shall be three years from the day after the date of repayment.
2. If the date of repayment is not specified, it indicates that the contract is a contract with an unspecified performance period, and the creditor has the right to demand the debtor to perform the debt at any time, provided that the other party is given the necessary time to prepare. In this case, there are actually the following types of starting points for determining the limitation period;
1. If the debtor indicates immediate performance at the time of the creditor's demand, but in fact fails to perform, the statute of limitations shall be calculated from the day after the reminder. There is no time limit when a creditor can demand a claim.
2. If the parties reach a consensus through negotiation and determine a clear time limit for performance, and the parties change the content of the contract and fail to perform the debt with an unclear performance period upon the expiration of the period, the statute of limitations shall be calculated from the day after the expiration of the period.
3. If the creditor claims a right against the debtor once, and the debtor clearly refuses to perform and has the intention to deny the existence of the creditor's right, then the statute of limitations shall be calculated from the day after the date of such refusal, regardless of whether the creditor stipulates a grace period and whether the period has expired.
4. In the event that the creditor claims the performance of the debt to the debtor and the debtor does not explicitly refuse, the parties agree on a grace period for the performance of the debt, and at the expiration of the period, regardless of whether the debtor explicitly refuses to perform the debt, as long as the debtor objectively fails to perform, the statute of limitations shall be calculated from the day after the expiration of the grace period.
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