Legal educational program. Statute of limitations for civil cases

Numerous laws have been written and adopted, the basic established rules and principles have been brought together in a wide variety of codes, but cases of not only violating the rights of individuals, or legal entities, as well as leaving impunity for impunity, are not uncommon. Is this another manifestation of the imperfection of the domestic legal system, which they like to talk about on the pages of the "yellow press" and other "progressively-minded" media? Despite all the shortcomings in the field of legal protection, when the rescue of drowning people is provided in their own hands, it is the indecisiveness and ignorance of the victims themselves that contribute to this negative phenomenon. The cornerstone of all emerging disputes, and in particular the scope of civil law, is the statute of limitations for civil cases.

Even if legal entities, whose existence presupposes at least minimal legal training of founders and managers, often show confusion in this matter, then what to say about the individuals who are our fellow citizens, with their low average level of legal training. And this is despite the constantly growing number of lawyers and other professionals with a legal education.

Knowing your rights is the key to success in civil disputes. It is not uncommon for a violator who, faced with a right-wing opponent, decides to retire and cope with the problem on the spot, resolve it without inflating and not glowing the situation by applying to court. But if the question is of a principled nature and, moreover, is fueled by high cost or special importance for the disputants of their differences, then without assistance from the court (arbitral tribunal, arbitration court) is indispensable. Here it is necessary to remember how the calculation of terms in the civil law for the correct and timely processing of the statement of claim occurs.

The statute of limitations for civil cases is calculated differently for each specific case, has its own magnitude, dimension and calculation procedure. Being a fairly general term, it includes the regulatory deadlines and deadlines determined by the transaction, the contract, as well as the terms appointed by the court.

Among the normative time periods, the main limitation period is for civil cases, which corresponds to the term "limitation period". Its size allows the victim to slowly determine the suits to the offender, determine the tactics of protecting their rights, prepare all necessary for the successful completion of the dispute evidence. Limitation of the statute of limitations on the terms not only disciplines the participants in the civil process, but also allows the court to make the most verified decision based on real evidence that has not lost its force.

The civil code of the limitation period is divided into general and special. They differ depending on the subject of the dispute. For the general term, the Law defines a period of three years, which is fixed in the Civil Code of the Russian Federation by Article 196, and, for example, in international law it reaches 4 years according to Art. 8 of the Convention on the Limitation Period in International Purchase.

A special statute of limitations is provided for by legislation in the event of incidents. It can be more, and less of the main time interval. As an example, art. 181 of the Civil Code of the Russian Federation determines the time limit for filing an action to recognize the invalidity of a so-called insignificant transaction within ten years from the date of its execution. For a claim to declare a voidable transaction void - one year from the date of elimination of the impact of the threat or violence under the pressure of which the transaction was committed (Civil Code Article 179) ...

A very important point in considering the issue of limitation in the process of determining the terms is the procedure for suspending the statute of limitations. It is defined as the occurrence of circumstances from the moment of the offensive, which, and until their end, there is a break in the calculation of the general limitation period. To determine these moments, the requirements of the Civil Code of the Russian Federation are applicable art. 202 p. 1.

In general, the statute of limitations on civil cases is not an obstacle to filing an application with a court. There are many nuances that allow you to restore your rights even in the most desperate situations.