What is the difference between the date of borrowing and the date of maturity and the date of knowle

This is the basis for the calculation of the statute of limitations, and the two articles are also different for the matter.

The maturity date of the loan is a clear IOU stating a clear maturity date. In this case, the statute of limitations shall be calculated from the date on which the loan is due. This is generally a concept that arises in the litigation of creditor's rights.

Counting from the date of knowing that the right has been violated, it is often applicable to disputes over personal rights, health rights, and property rights. Generally speaking, for such disputes, the statute of limitations should be calculated from the date of the infringement.

However, in practice, due to various reasons, the right holder does not find out that its rights have been infringed in the first place. For the sake of fairness, the law also stipulates that in this case, the statute of limitations shall run from the date on which the right holder knew or should have known. It should be known that there is a legal presumption.

In the absence of clear evidence to prove knowledge or clear counter-evidence that he did not know, it is up to the judge to make a presumption based on the facts, rules and common sense of the case.

In general, there is no such thing as the second type of "knowing the date on which the right is infringed" as you mentioned in the second type of loan and creditor's rights disputes. Because since it is a loan, it is impossible for the debtor to secretly take money from you, then it is not a loan, but a theft. Of course, there are special circumstances, such as the joint property of husband and wife, one party borrows it privately, and the other party, as a co-owner of the property, is also a legal creditor, and he or she makes a request for repayment, and the "date of knowledge" can be applied, but this is not a pure "infringement of rights", but more only "knowing the existence of creditor's rights".

The statute of limitations for loan repayment is a civil lawsuit, and the statute of limitations is generally two years. Article 137 of the General Principles of the Civil Law: The limitation period for litigation is calculated from the time when you know or should know that your rights have 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.

The statute of limitations runs from the date on which you knew or ought to have known that your rights had been infringed. Based on what you have said, I believe that the statute of limitations cannot be calculated if the other party does not indicate that it will not repay.

The statute of limitations is calculated from the agreed expiration date of the contract, and the statute of limitations for ordinary cases has been revised to three years.

Counted from the date the loan is overdue. The bank asserts its rights within two years from the date of overdue.

Hello. Friend, these two of the two you mentioned can be used as the start time of the statute of limitations.

The expiration of the contract shall be counted from the day following the payment of the goods due for the goods.

Loan overdue is also counted from the next day.

It depends on whether there is a starting date in your contract, if so, the bank will request you to return the loan within two years from the day after the loan expires.

According to Article 137 of the Civil Procedure Law, the statute of limitations period is calculated from the time when you know or should know that your rights have been infringed. Article 140:The statute of limitations for litigation is interrupted when a lawsuit is initiated, a party submits a request, or agrees to perform an obligation.

From the time of interruption, the statute of limitations period is recalculated. As a result, the statute of limitations is 2 years from the last time the bank (or other type of borrower) makes a request for repayment from you after the loan is overdue.

In accordance with Article 8 of the Inheritance Act.

Article 7 The heirs shall lose the right of inheritance if they have any of the following acts:

1. Intentionally killing the decedent;

2. Killing other heirs for the sake of inheritance;

3. Abandoning the decedent, or abusing the decedent, where the circumstances are serious;

4. Forgery, tampering, or destruction of wills, where the circumstances are serious.

The question itself is wrong. At the beginning of the inheritance, the heirs do not renounce the right to inherit and do not divide the estate, and the inheritance becomes the joint property of the heirs.

Hello, to put it simply, if the inheritance has not been divided, there is no statute of limitations. Only the heirs or other persons have usurped the estate, and the lawsuit is divided within 2 years from the date of seizure. It is the two years from the day when the inheritance was violated.

It is counted from the date on which the court decision takes effect.

1. Infringement of rights refers to the unilateral division of the estate without consensus or consent from other heirs. For example, if the property as an inheritance is privately transferred without the consent of other heirs, it is an infringement of rights.

2. As for the date on which the right is known or should have been infringed, it refers to the fact that the unlawful infringement has occurred, such as occasionally learning that the property has been transferred through inquiries, and others informing the infringed party that the property has been transferred.

3. If it is found that the statute of limitations has expired, it should be directly raised in the first instance.

Laws involved: Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Statute of Limitations System in the Trial of Civil Cases

Article 4, paragraph 1: Where a party does not raise a statute of limitations defense during the first-instance trial, and submits it during the second-instance trial, the people's court will not support it, except where it can be proved based on new evidence that the statute of limitations has expired for the opposing party's claim.

The statute of limitations for non-repayment of ordinary private loans is three years from the date on which the right holder knows or should know that the rights have been damaged and the obligor.

General Provisions of the Civil Law of the People's Republic of China

Article 188.

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 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; Where there are special circumstances, the people's court may decide to extend the extension 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.

Civil Procedure Law of the People's Republic of China

Article 119:Requirements for initiating a lawsuit.

The following conditions must be met for a prosecution:

1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case;

2) There is a clear defendant;

3) There are specific litigation claims, facts, and reasons;

4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

Article 120: Form of Prosecution.

A complaint shall be submitted to the people's court, and copies shall be submitted in accordance with the number of defendants. Where it is truly difficult to write a complaint, the complaint may be filed orally, and the people's court will record it in the record and inform the opposing party.

Contract Law of the People's Republic of China

Article 201 Liability for loan default.

If the lender fails to provide the loan on the agreed date and amount, causing losses to the borrower, it shall compensate for the losses. If the borrower fails to collect the loan on the agreed date and amount, it shall pay interest on the agreed date and amount.

Article 206 The time limit for the repayment of the loan.

The borrower shall return the loan within the agreed time limit. Where there is no agreement on the term of the loan or the agreement is not clear, and it is still uncertain in accordance with the provisions of Article 61 of this Law, the borrower may return it at any time; The lender may demand the borrower to return it within a reasonable period of time.

1. How long is the statute of limitations for borrowing money and not repaying it.

1. For private loans with regular repayment, the statute of limitations is 2 years from the date of expiration of the repayment period, and the right to request protection from the people's court will be lost if it is overdue.

2. For private loans with regular repayment, if the debtor fails to perform the debt after the expiration of the agreed period and issues an arrears note with no repayment date, the statute of limitations shall be deemed to have been interrupted, and the statute of limitations (2 years) shall be recalculated from the day after receiving the arrears note.

3. For private loans with irregular repayment, that is, private loans without indicating the date of repayment, they are not subject to the limitation of the statute of limitations, but are subject to the maximum protection period of 20 years.

4. For irregular private loans, if the borrower clearly refuses to repay (of course, the borrower shall provide evidence to prove that it has clearly stated that it will not repay), the statute of limitations period of 2 years shall apply from the date on which the borrower expressly refuses to repay.

5. For private loans that exceed the statute of limitations, if the parties reach a repayment agreement on the original debt, or the borrower signs the demand notice, it shall be regarded as a reconfirmation of the original debt, and the creditor-debtor relationship shall be protected by law.

II. Precautions in the process of prosecution.

1. According to the law, the court shall require the plaintiff to provide a written IOU when examining the lawsuit of a loan case; If there is no written IOU, the necessary factual basis shall be provided. Where the above conditions are not met, the ruling is not to accept the lawsuit.

2. If the debtor of a private loan leaves or is missing, whether the court makes a default judgment or suspends the lawsuit depends on whether the "loan relationship is clear". If the "loan relationship is clear", the court will make a default judgment; If the loan relationship is unclear and the facts are difficult to ascertain, the litigation will be suspended. Therefore, the lender should keep the loan contract, loan certificate and other evidence materials with "clear loan relationship", otherwise once the borrower disappears, the case will be "suspended" indefinitely.

3. In a loan dispute case where the debtor's whereabouts are unknown at the time of the creditor's lawsuit, the court will announce and summon the debtor to respond to the lawsuit after accepting the lawsuit. If the debtor still does not file a lawsuit upon the expiration of the announcement period, a judgment may be rendered in absentia after trial if the loan relationship is clear; Where the relationship between the borrowers and borrowers cannot be ascertained, a ruling is made to suspend the litigation.

In addition, in a loan dispute case where the debtor has left and his whereabouts are unknown, a default judgment may be rendered in absentia if the loan relationship is clear; Where the facts are difficult to ascertain, a ruling is made to suspend the litigation.

During the period of partnership, if an individual borrows money in the name of the partnership organization and uses it for the partnership, the partners shall jointly repay it; If the borrower cannot prove that the loan is used for partnership, the borrower shall repay it.

The statute of limitations for non-repayment of private loans is 2 years. The details are as follows:

1. From the perspective of the statute of limitations, if the IOU indicates the date of repayment, then the statute of limitations is calculated for two years from the day after the date of repayment.

2. If the repayment date is not indicated, it indicates that the contract is a contract with an unclear performance period, and the creditor has the right to require the debtor to perform the debt at any time, but the other party must be 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 reminder, 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 performance period, in fact, the parties have changed the content of the contract and changed the debt with an unclear performance period into a debt with a clear performance period, then if the debtor fails to perform the debt at the expiration of the time limit, the statute of limitations shall be calculated from the day after the expiration of the time limit.

The time to sue is 5 years after the date of repayment, provided that the repayment is refused.

If the loan is not repaid when due, it can be sued within two years.

The statute of limitations for private lending cases is two years, and the following situations should be distinguished:

1. The limitation period shall be calculated from the date on which the parties agree that the repayment shall be made;

2. If there is no agreed time for repayment, it shall be calculated from the date on which the lender requests repayment and grants a grace period;

3. If the borrower clearly states that it will not repay the loan, it shall be calculated from the date on which the borrower clearly indicates that it will not return;

4. If it is agreed that the loan will be performed in installments, it shall be calculated from the date of maturity of each period.

Article 135 of the General Principles of the Civil Law stipulates that the statute of limitations shall be two years from the date of repayment specified in the statute.

The statute of limitations for private lending cases is two years. Distinguish between the following cases:

1. The limitation period shall be calculated from the date on which the parties agree that the repayment shall be made;

2. If there is no agreed time for repayment, it shall be calculated from the date on which the lender requests repayment and grants a grace period;

3. If the borrower clearly states that it will not repay the loan, it shall be calculated from the date on which the borrower clearly indicates that it will not return;

4. If it is agreed that the loan will be performed in installments, it shall be calculated from the date of maturity of each period.

I have lent money to others for more than 5 years, and I have not had the money to repay me, and I have an IOU, will it be effective for me to sue the court now?

How long will it take for the loan to expire tomorrow.

1. There is currently no expiration date, and it is recommended to sue as soon as possible.

2. When the creditor has evidence to prove that he or she is actively asserting his rights, the statute of limitations will be interrupted, and the time when he has evidence to prove his last claim for rights and interests will be calculated.

As for the payment of interest, it can be regarded as the debtor's performance of the debt, but it may not necessarily be determined that the creditor claims the rights and interests, it is recommended to sue as soon as possible to ensure that the settlement is made before the maturity, or through notarization to determine that you do claim the creditor's rights and guarantee the rights and interests.

First of all, on the issue of the two-year statute of limitations, it means that during these two years, you are indifferent and do not care about your own creditor's rights, and your money will lose legal protection after two years, if you want the debtor to claim your creditor's rights within two years, the statute of limitations will be interrupted and calculated anew, but when you go to the court, you need to produce evidence to prove that you have claimed creditor's rights. As for the situation you mentioned, the general court will think that the statute of limitations is calculated from the time after the transfer of interest, and you are now asking for money, and the other party only needs to admit that you record a sound, which is evidence. The statute of limitations can be calculated from the new, don't worry, you can find a law firm to ask if you are really worried.