What should I do if the statute of limitations has expired? What happens when the statute of limitat

After the statute of limitations has expired, the right holder will lose the right to prevail against its substantive rights. Article 135 of the General Principles of the Civil Law of the People's Republic of China stipulates that "the limitation period for filing a request for protection of rights with the people's court shall be two years ......”

However, judging from the relevant judicial interpretations, a creditor's right that has exceeded the statute of limitations is not an irreversible loss of the right to win the lawsuit, and it can still regain legal protection through certain means: 1. Fa Fu (1999) No. 7 "Reply of the Supreme People's Court on the Legal Effect of the Borrower's Signature or Seal on the Demand Notice for Exceeding the Statute of Limitations" stipulates that: "In accordance with the spirit of Articles 4 and 90 of the General Principles of the Civil Law of the People's Republic of China, for those who have exceeded the statute of limitations, Credit unions issue to borrowers.

If the debtor signs or seals the notice of the loan on which the debtor signs or seals, it shall be regarded as a reconfirmation of the original debt, and the creditor-debtor relationship shall be protected by law. It can be seen that as long as: 1. it is a financial creditor's right; 2. The creditor should have an expression of intent to demand for the creditor's rights that have exceeded the statute of limitations; 3. The debtor signs and seals the collection document for confirmation.

After satisfying these three conditions at the same time, the financial claims that have exceeded the statute of limitations can be reconfirmed and protected;

2. Another important judicial interpretation is Fa Fu (1997) No. 4 "Reply of the Supreme People's Court on the Issue of Whether the Repayment Agreement Reached by the Parties Beyond the Statute of Limitations Period Should Be Protected by Law": "The repayment agreement reached by the parties on the original debt after the statute of limitations period is a new creditor's right and debt relationship. In accordance with the spirit of Article 90 of the General Principles of the Civil Law of the People's Republic of China, the repayment agreement shall be protected by law.

Two points were emphasized in the reply: 1. The two parties reached a repayment agreement on the original time-limited debt; 2. The original creditor's rights and debts are converted into new creditor's rights and debts. In this case, the law holds that the creditor-debtor has transformed the original creditor-debtor relationship into a new creditor-debtor relationship, and although the law no longer protects the original creditor's rights of both parties, it can still provide the same protection for the newly established creditor's rights of both parties as other newly established creditor's rights.

。In a loan or sale contract, if the parties agree to perform the contractual debts in installments, the limitation period shall be calculated from the date on which the last payment of performance expires. ”

If you need to sue the other party, you must pay attention to the issue of the statute of limitations, if the statute of limitations has passed, it will be difficult to do, so what kind of remedy can be taken? The latest statute of limitations has been changed from 2 years to 3 years.

Legal analysis: In civil litigation, the court will not take the initiative to review the statute of limitations, and if the case exceeds the statute of limitations, if the conditions for filing the case are met, the court must accept the case, and the court will make a ruling based on the ascertained facts if the defendant does not raise a statute of limitations defense. Where the opposing party raises a statute of limitations defense, and the people's court finds that the cause of the defense is established, it shall make a judgment rejecting the plaintiff's claim.

Legal basis: Article 188 of the Civil Code of the People's Republic of China of the People's Republic of China stipulates that the statute of limitations for filing a request to the 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, if more than 20 years have elapsed since the date on which the rights were infringed, the People's Court will not protect them, and if there are special circumstances, the people's courts may decide to extend them on the basis of the application of the rights holder.

Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China: Article 219: Where a party files a lawsuit beyond the statute of limitations, the people's court shall accept it.

Where, after acceptance, the opposing party raises a statute of limitations defense, and the people's court finds that the defense is established after trial, it shall make a judgment rejecting the plaintiff's litigation claim. Note: The Civil Code of the People's Republic of China of the People's Republic of China came into effect on January 1, 2021.

Analysis of legal reputation: If the statute of limitations has expired, the debtor and the creditor can be persuaded to reach a repayment agreement. Where the parties reach an agreement on repayment of the original debt after the statute of limitations has expired, it shall be protected in accordance with law.

It is also possible to obtain the debtor's voluntary repayment, and the debtor's performance is valid after the statute of limitations has expired.

Legal basis: Article 192 of the Civil Code of the People's Republic of China provides for the expiration of the statute of limitations, and the obligor may raise a defense of non-performance of the obligation.

After the expiration of the statute of limitations, if the obligor agrees to perform, the expiration of the statute of limitations period must not be used as a defense; Where the obligor has already voluntarily performed Qingfengdan, they must not request a return.

Remedies for exceeding the statute of limitations: The parties may reach a repayment agreement through negotiation, and if the parties reach a repayment agreement on the original debt during the period when the statute of limitations has expired, it shall be protected in accordance with law. If the two parties reach a repayment agreement after the statute of limitations has expired, it shall be deemed to have reconfirmed the debt, and the debtor's expression of intention to repay the debt may lead to the recalculation of the statute of limitations.

[Legal basis].Article 192 of the Civil Code of the People's Republic of China.

If the statute of limitations expires, the obligor may raise a defense of non-performance of the obligation.

After the expiration of the statute of limitations, if the obligor agrees to perform, the expiration of the statute of limitations period must not be used as a defense; Where the obligor has already voluntarily performed it, it must not be returned.

Article 193.

People's courts must not take the initiative to apply the statute of limitations.