When does the statute of limitations for unsettled claims commence

For claims without a fixed repayment period, you should take the initiative to claim the claims against the other party and repay the debts to the other party within a certain period of time, and if the other party fails to repay the debts in accordance with the law within the given time limit, the statute of limitations will start to run from the end of the repayment period you have given.

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The statute of limitations is two years from the date of the demand.

Starts after the end of the period

Legal analysis: If more than 20 years have elapsed from the date of infringement of rights, the people's court will not protect it, and the maximum statute of limitations for debts where the parties have not agreed on a time limit for performance shall still be applied, and the starting point shall be calculated from the time when the debtor receives the subject matter or extracts the documents. Because the debtor has the obligation to pay the price at this time, its failure to perform should be regarded as the creditor's "early infringement of rights and reputation".

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 court will not grant protection, and if there are special circumstances, the people's court may decide to extend the rights holder on the basis of the right holder's application.

For claims that do not have an agreed performance period, the obligee may claim rights at any time after the claim is established, which shall be calculated from the date on which the claim is established. The theory of claims holds that if there is no agreed time limit for the performance of a creditor's right, the full party can claim the right at any time, and the obligor can also perform the obligation at any time, and the obligor has not performed the obligation before the right holder has not claimed the right, and it cannot be determined that the right holder knows that his rights have been infringed, so the statute of limitations for litigation starts from the time when the right holder first claims the right. In the author's opinion, the claim theory is more reasonable.

It is said that the right can be used as the starting criterion for the limitation period, and the objective criterion is adopted. This standard does not take into account the subjective state of the right holder, and this kind of legislation is often associated with a longer limitation period, and the statute of limitations period for litigation is 20 years from the objective standard in China, which is the longest limitation period. In China, the right holder knows or should know that the right has been infringed as the starting time of the ordinary statute of limitations, and this standard for calculating the statute of limitations is compatible with the shorter statute of limitations in China.

In China, the ordinary statute of limitations is two years, and in such a short period of time, if the right can be used as the criterion, it is not conducive to the protection of rights if the right holder subjectively knows that its rights have been infringed. If there is no time limit for performing the creditor's right, the creditor can claim the right at any time, and the debtor can take the initiative to perform the debt at any time. The debtor's failure to perform its obligations before the creditor asserts its rights does not constitute a breach of contract, so it cannot be subjectively presumed that the debtor has not performed its obligations.

It follows that if the creditor does not assert its rights, it cannot be assumed that the rights holder knows that his rights have been infringed. Therefore, it is only after the performance period has been fixed that the debtor fails to perform its obligations within the time limit that it can be ascertained that the creditor knew or should have known that its rights had been violated. Based on the above analysis, for debts that do not have an agreed performance period, the commencement of the limitation period should be determined according to the specific circumstances:

1) Where the creditor requires the debtor to perform the debt and specifies the time limit for performance to the debtor, the limitation period shall be calculated from the date on which the performance period specified by the creditor expires.

2) If the creditor requires the debtor to perform the debt, and the debtor expressly refuses to perform the debt, the statute of limitations shall run from the time when the debtor expressly refuses to perform the debt. Since the debtor has clearly indicated that it is not performing its contractual obligations, there is no doubt that the obligee should have known that its rights had been infringed.

3) If the debtor issues a performance plan to the creditor and the creditor does not raise any objection, it shall be counted from the date of expiration of the final performance period specified in the performance plan. For debts that do not have a performance period, the creditor and the debtor may determine the performance period of the debt through negotiation, and the debtor unilaterally proposes a performance plan, and the creditor has no objection, it is deemed that the creditor has acquiesced. In this case, the performance period of the debt changes from uncertain to definite based on the change of intention of both parties.

The time limit for the performance of the debt has been determined, which is no different from the general claim with a definite performance period, and the statute of limitations shall be calculated from the expiration of the performance period. then sue.