Statute of limitations period, what is the limitation period

After the ordinary statute of limitations, you lose your right to prevail.

After the maximum statute of limitations, you lose the right to bring a lawsuit in court.

The law protects the legitimate rights of citizens, but does not protect the rights that exist but are not exercised.

The ordinary statute of limitations is generally two years, and within two years, if you file a lawsuit in court to claim your rights, the state will use the coercive force of the law of public rights to ensure the realization of your rights. If the statute of limitations has expired, you will lose your right to prevail, but you can still file a lawsuit with the court to ask the court to enforce your rights. Once the maximum statute of limitations has passed, you don't even have the right to sue.

Unless the other party's conscience finds out and fulfills the obligation, otherwise your rights can be said to be lost.

Relevant information: The statute of limitations refers to the system of requesting the people's court to compel the obligor to perform the obligation in accordance with the litigation procedures when the statute of limitations period expires. If the obligee makes a request within the statute of limitations period prescribed by law, the people's court shall compel the obligor to perform the obligations it has undertaken.

However, after the expiration of the statutory limitation period, if the right holder exercises the right to make a claim, the people's court will no longer protect it. It contains two meanings: first, the right holder has the right to request protection from the people's court in accordance with the litigation procedures during this time; The second is that this right shall be extinguished if it is not exercised continuously within this period.

General Principles of Civil Law:

Article 135:The statute of limitations period for requesting protection of civil rights from the people's courts is two years, according to law.

Unless otherwise specified.

Article 136:The following statute of limitations periods are one year:

1) Claiming compensation for bodily injury;

2) **The goods of unqualified quality are not declared;

3) Deferring or refusing to pay rent;

4) The deposited property is lost or damaged.

Article 137:The statute of limitations period is calculated from the time when knowledge or should have known that rights had been infringed. 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 138:Where the statute of limitations period has expired and the parties voluntarily perform it, the statute of limitations is not to be limited.

Article 139:During the last six months of the statute of limitations, due to force majeure or other obstacles.

where the right to request cannot be exercised, 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.

Article 140:The statute of limitations for litigation is due to the initiation of a lawsuit, a request by one of the parties, or an agreement to perform obligations.

And the interruption. From the time of interruption, the statute of limitations period is recalculated.

Article 141:Where the law provides otherwise for the statute of limitations, follow the provisions of law.

That is, you can claim your rights in court after two years from the date on which you knew or should have known that your rights had been infringed; At the end of the day, the maximum period from the date on which you know or should have known that your rights have been infringed will expire and your rights will no longer be protected by law.

The two are not contradictory. The law does not protect the legitimate rights and interests of citizens indefinitely, you must take the initiative to assert your rights. Once this maximum period is exceeded, the law does not protect it.

There is no contradiction between this general statute of limitations and the longest statute of limitations. To put it bluntly, at best, you can't claim your rights twenty years after they've been violated.

Of course, this is not a decision either. If the Supreme People's Court believes that it should still be protected after more than 20 years, it is also possible. But this is a special case.

Zheng Dongchun's statute of limitations refers to the failure of the right holder whose civil rights have been infringed to exercise his rights within the statutory limitation period, and when the statute of limitations expires, the debtor obtains the right to defend against the statute of limitations.

Legal basis: Article 188 of the Civil Code of the People's Republic of China: The statute of limitations for requesting protection of civil rights from the people's courts 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 if there are special circumstances, the people's courts may decide to extend the period on the basis of the application of the rights holder.

1. Ordinary three-year statute of limitations: Calculated from the date on which the right holder knows or should know that the right has been infringed (Article 188 of the General Provisions of the Civil Law), which is the latest revision of the General Provisions of the Civil Law (the four circumstances of the one-year statute of limitations have been deleted). 2. Four-year statute of limitations:

Litigation or arbitration is filed due to contracts for the international sale of goods and contracts for the import and export of technology. (Article 129 of the Contract Law) 3. Five-year statute of limitations: The right of the insured or beneficiary of life insurance to request payment of insurance money from the insurer shall be extinguished if it is not exercised for 5 years from the date on which it becomes aware of the occurrence of the insured event.

Article 27 of the Insurance Law) 4. Six-year statute of limitations: the right to claim for damage caused by ship oil pollution. 5. Longest statute of limitations:

20 years from the date of infringement of rights. Article 188 of the Civil Code of the People's Republic of China provides that the statute of limitations for filing a request to a people's court for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.

The statute of limitations 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 the provisions of the slag beam. 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.

1. General statute of limitations: refers to the statute of limitations that is generally applicable under normal circumstances, and such statute of limitations is not provided for in a special situation, but is generally applicable. The general statute of limitations for civil litigation in China is 3 years from October 1, 2017.

2. Special statute of limitations: The special statute of limitations is better than the ordinary statute of limitations, that is, where there is a special statute of limitations, the special statute of limitations applies. 1. Short-term statute of limitations.

Short-term statute of limitations refers to the statute of limitations when the statute of limitations for litigation is less than two years. Article 136 of the General Principles of the Civil Law of the People's Republic of China stipulates that the following limitation period is one year:

1) Claiming compensation for bodily injury; 2) **The goods of unqualified quality are not declared; (3) Delaying or refusing to pay rent; (4) The deposited property is lost or damaged. 2. Long-term statute of limitations. Long-term statute of limitations refers to the statute of limitations for actions between two and twenty years.

Article 45 of the Product Quality Law stipulates that the limitation period for seeking compensation for damage caused by defective products is two years, which is calculated from the time when the parties know or should know that their rights and interests have been damaged. Legal basis:

Article 188 of the General Provisions of the Civil Law provides that the statute of limitations for filing a request to a 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 know that the right has been damaged and the obligor.

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 courts will not protect them; If there are special circumstances, the people's court may decide to extend the application of the right holder.

There should be no problem with the time effect, not from the time of the accident, in the case you said, it can be calculated from the time when the result of the injury is indeed over.

It is in your favor to sue the other insurer at the same time, and it should be done.

According to your description:

Litigation cases should be categorized simply:

1. In contract cases, if Party B fails to perform its contractual obligations upon the expiration of the contract performance period or the expiration of the agreed repayment period, the statute of limitations shall begin to run from the date of the contract according to the contract between the parties.

Hope it helps!

The statute of limitations runs from the date on which the right was known or ought to have been violated, i.e. from the date of the traffic accident.

If you have been claiming compensation from the party responsible for the accident since the accident, it will be calculated from the date you last claimed compensation.

**After the end of the contract, you can claim for necessary expenses incurred due to traffic accidents, such as lost work expenses, nursing expenses, etc.

Vehicles involved in traffic accidents generally have compulsory traffic insurance, and it is better to sue the insurance company as well, so it is easier to get a claim.

It should be calculated from the date of the accident, and the other party's return of 50,000 yuan constitutes an interruption of the statute of limitations, and the statute of limitations shall be recalculated from the day of payment. Every time you assert your rights against the other party or the other party makes a promise of compensation, it can constitute an interruption of the statute of limitations, but pay attention to retaining evidence, such as receipts, agreements, etc.

When suing, the insurance company should be sued together, which is conducive to obtaining compensation in a timely manner.

The court will order the insurance company to pay you the compensation amount under the compulsory liability insurance (about 110,000 yuan) directly, and there is also commercial third party liability insurance, which can be resolved through the claim procedure.

As for the specific items of compensation that can be requested, it is recommended to carefully read the Supreme People's Court's Interpretation on Personal Compensation