The issue of the statute of limitations, the question of the statute of limitations

Personally, I think the key is what exactly is the content of the agreement between the two parties on 2/02/06:

1. If the agreement is only a supplement to the payment letter dated January 1, 06 or an amendment to part of the terms, the litigation period of the agreement is until February 2, 08, but it does not involve the payment letter;

2. If the agreement is a comprehensive amendment to the payment statement (such as relisting all the terms), then it will be deemed that the payment period is until February 2, 08.

There is another question, the defendant submits the payment letter - the plaintiff reviews - raises objections - (originally the next step should be to revise and confirm by both parties, how did it become an agreement between the two parties 50,000 yuan??) In other words, did the plaintiff confirm the payment letter and then agree or confirm the payment letter after the agreement?

There is indeed no statute of limitations, the plaintiff raised an objection to the defendant on February 2, 06, and the defendant recognized it and returned 50,000 yuan, which is enough because the statute of limitations was interrupted and the statute of limitations after the interruption was recalculated, so the statute of limitations was not exceeded on January 15.

The statute of limitations may not expire, but the lawsuit is still unsuccessful. Because it is difficult to prove that a major misunderstanding can only be prosecuted, on the other hand, the time limit for filing a major misunderstanding is one year!

The statute of limitations begins on 2/02/06 from the time when it was known or ought to have known.

Categories: Social, Cultural, >> Law.

Problem description: Let's take a look at an example A deposits a handicraft at B. On 10 February 2003, B informed A that the artefacts deposited by A were missing. On 2 August 2003, B found the lost artefacts and returned them to A, who found them badly damaged.

According to the provisions of the General Principles of the Civil Law, the statute of limitations for A to apply to the people's court for protection of the rights of his civil family is from August 2, 2003 to August 2, 2004. Why not from the time the person concerned knew that the deposited property was lost (10 February 2003)?

Analysis: If you look carefully at the provisions of the General Principles of Civil Law, you will understand.

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 you know that your rights have been infringed upon or should have known 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 provide protection. Where there are special circumstances, the people's court may extend the statute of limitations.

It should be noted that A is now not holding B accountable for safekeeping, but for his miscustody, resulting in damage to the stored property. Since liability for damage is pursued, the statute of limitations begins to run on the date on which A knew or ought to have known, and A only learned of the damage to his belongings on 2 August.

Of course, there is no restriction, and the statute of limitations can only apply to claims for creditor's rights, and absolutely not to claims for unentitled claims and claims for possession protection. Property rights are not subject to the statute of limitations.

See Property Law of the People's Republic of China

Article 34 Where a person has no right to occupy immovable or movable property, the right holder may request the return of the original property. (No statute of limitations).

Article 35 Where a real right is obstructed or may be obstructed, the right holder may request that the obstruction be removed or the danger eliminated. (No statute of limitations).

Article 225 Where a bill of exchange, cheque, promissory note, bond, deposit receipt, warehouse receipt or bill of lading has a date of encashment or delivery before the maturity of the principal creditor's right, the pledgee may cash or take delivery of the goods, and agree with the pledgor to pay off the debts or deposit the goods in advance of the price to be cashed or the goods withdrawn.

Civil is 15 days, just a clerical error. If the last day is a statutory holiday, of course it is okay, are you civil or criminal? I'm a law student, and I'm sure it's allowed to be postponed.

Creditor's rights are subject to the statute of limitations, and the right to claim in rem is not subject to.

The statute of limitations deals only with the issue of creditor's rights.

There is no statute of limitations for property rights, and the right of recourse can be exercised at any time.

However, the creditor's right may limit the right in rem.