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Article 188 of the General Provisions of the Civil Law of the People's Republic of China stipulates: "The statute of limitations for filing a request to the people's court for the protection of civil rights shall be three years, unless otherwise provided by law." Article 137 of the General Principles of the Civil Law 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.
According to these provisions, the statute of limitations for loans for which the repayment period has not been agreed shall be calculated separately according to the following circumstances:
1) For a debt relationship without an agreed performance period, in accordance with Article 88 of the General Principles of the Civil Law, "if the performance period is not clear, the debtor may perform its obligations to the creditor at any time, and the creditor may also require the debtor to perform its obligations at any time, but the other party shall be given the necessary time to prepare." Therefore, the two-year ordinary statute of limitations is calculated from the date on which the obligee asserts the right and the obligor refuses to perform the obligation.
However, if the creditor has not asserted the claim, the statute of limitations cannot commence.
2) After the statute of limitations is interrupted due to the obligee's assertion of creditor's rights or the obligor's agreement to perform obligations, if the obligee again asserts the rights or the obligor agrees to perform the obligation again within the new statute of limitations, it may be found that the statute of limitations has been interrupted again. From the time of the second interruption, the limitation period shall be recalculated again, and the number of interruptions of the limitation period is not limited. However, to claim the interruption of the statute of limitations, there must be sufficient evidence to prove it.
3) If the creditor has not asserted its rights, the maximum limitation period shall apply, which shall be 20 years from the date of occurrence of the creditor's rights and debts, and the people's court shall no longer provide protection for more than 20 years.
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There is no deadline of 20 years, but there is a deadline of 3 years. Basically, the time of the first recall is the starting point.
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Arrears usually expire after 3 years.
1. Claiming compensation for bodily injury;
2. The unqualified goods are not declared;
3. Delaying payment or refusing to pay rent;
4. The deposited property is lost or damaged.
After the cause of interruption of the statute of limitations occurs, the period of limitation that has already elapsed shall be invalid, the period of limitation shall not be carried out during the period of interruption, and the period of limitation shall be recalculated when the cause of interruption is terminated. state circle.
The following describes how to confirm the termination of the cause of the interruption
1. If the statute of limitations is interrupted due to request or consent, the written notice shall be terminated on the grounds of reaching the counterpart. Oral notification shall be terminated on the grounds that the counterparty is aware. After the limitation period is restarted, if the obligee requests again or the obligor agrees to perform the obligation again, the statute of limitations may be interrupted again;
2. If the statute of limitations is interrupted due to the filing of a lawsuit or arbitration, it shall be terminated when the lawsuit is concluded or the court is instructed to make a ruling. If the right holder applies for enforcement procedures, it shall be terminated on the grounds of the time of enforcement procedures.
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 196:The statute of limitations does not apply to the following claims:
1) Requests to stop the violation, remove the obstruction, or eliminate the danger;
2) The right holder of the immovable property right and the registered movable property right requests the return of the property;
3) Requests for the payment of child support, alimony, or alimony;
4) Other claims where the statute of limitations does not apply in accordance with law.
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Legal Analysis: A contract for arrears is valid until the arrears are paid off, unless the contract stipulates that the conditions for invalidity occur.
Legal basis: The Civil Code of the People's Republic of China stipulates that the parties may agree on a time limit for the validity of a contract. The contract with the effective period of Li Chun is limited, and the hail socks shall take effect from the expiration of the term to the time of the source disturbance. A contract with a termination period shall expire upon the expiration of the term.
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