Article 196 Civil Code. Total statute of limitations

To date, the non-return of loans and debts is an acute problem for our society. Loss of work, reduction of wages, illness - all this can lead to a delay in compulsory payments. As a result - calls of collectors, employees of the bank. Voice, as a rule, they have a serious, persistent, confident. However, many of them deliberately do not sound one important rule of law - the limitation period (Article 196 of the Civil Code of the Russian Federation). Let's try to explain the main points in this article.

What is the general limitation period (Civil Code of the Russian Federation)

The limitation period (henceforth we will use the abbreviation LED) means only one thing - the creditor has run out of time when he can lawfully apply to the court with a demand to pay off the debt. This takes 3 years. After that, any threat of collectors "to sue", "to seize property", "to plant for fraud" will be only words. Fraud is generally not applicable to the debtor, who took the loan from his bank documents. This, unfortunately, some do not know, and collectors and employees skillfully use such a "scary".

Another thing is to sue and arrest the property, through bailiffs, of course. It is with the goal of preventing such problems that it is necessary to know the rule of law - this is Article 196 of the Civil Code of the Russian Federation. It says, after what time you can legally not pay for the obligations. But for this, you first need to understand the time from which to count down three years? Let's take a closer look at this.

Determination of the limitation period

Lawyers often themselves deceive themselves and many citizens. Article 196 of the Civil Code of the Russian Federation is understandable, the LED is defined. However, from what point it is necessary to count? There are three different points of view for professionals:

1. From the end of the term of the loan agreement.
2. From the day when the person stopped paying for the obligations.
3. From the moment when the creditors tried to establish contact with the debtor (telephone calls, mail correspondence, etc.).

Let's try to understand from the point of view of the law

So, the rules of law let us know that the course of the LED starts from the day when the creditor found out about the violation of his right. However, there is another norm. For obligations with a deadline for executing the LED starts from the moment when these obligations end. Here is the main problem in interpreting the rule of law.

Comments on the law

As we know, loan agreements have a deadline for fulfilling obligations. Some argue that this is indicated in the law when determining the LED. Let us recall that the general grounds are given by Article 196 of the Civil Code of the Russian Federation, and the norms listed now are fixed in Article 200 of the Civil Code of the Russian Federation.

Example of determining the period

We simulate the conditional situation. Ivanov took out a loan on September 10, 2016 for a period of 5 years. The pay ceased on November 15, 2016. The loan agreement determines the end of the obligations. Therefore, the LED begins after its termination. In this example, the bank has the right to sue before 10 September 2024 (5 years contract + 3 - limitation period).

However, judging by the verdicts, the courts do not believe so. The bank has the right to terminate the agreement ahead of schedule, if not to pay for the obligations. This is recorded in all loan agreements. Monthly payments also refer to liabilities that have a period (month). This means that if the citizen did not pay on November 15, 2016 for his obligations, then the bank has the right to appeal ahead of schedule to the court and return the money. Therefore, the limitation period is applied by courts from the moment when the citizen had to pay the next monthly amount.

The position of the Supreme Court

The same position is with the Supreme Court. LED starts to be calculated separately for each payment. Let's return to our example. The bank filed for the return of the entire loan amount on December 20, 2019. Article 196 of the Civil Code in this case legally exempts the debtor from payment. But if the bank sues to pay the amount of monthly payments for which the deadline has not yet expired, then in this case it is necessary to pay the creditor through the court. The amount of the principal debt will decrease by three payments from September 2016 to December 2016, as the statute of limitations came out on them. The rest of the amount will have to be returned by court order.

I said - have to pay?

Of particular interest is the point of view, when the limitation period is annulled in the telephone conversation of the creditor with the debtor. It is based on the alleged recognition of the right of duty as the last, which gives grounds for the interruption of the statute of limitations. After that, three years begins to be recounted. However, the courts do not agree with this interpretation.

You do not know the law - pay the whole amount

We want to warn that the court itself is not entitled to apply the statute of limitations. If the bank sues even after ten years, when the contract was due to expire, then the court is obliged to consider the claim and make a positive decision. Only the petition of the defendant to apply the statute of limitations entitles the court to reject the claim of creditors. This means that ignorance of just one rule of law can result in a round sum. As they say, ignorance of the law does not absolve from responsibility.

However, there are cases when the decision is made without the participation of the debtor. He learns about them at best at the post office. At worst - with the seizure of property and the blocking of accounts by bailiffs.

In this case, it will be necessary to file an application for the application of the limitation period for the filing of an appeal. To do this, you must first calculate the timeframe, because very often people learn about court decisions after missing all legal deadlines for appeal. The algorithm of actions will be:

1. Determination of the type of court decision (correspondence, ordinary, judicial order).
2. Restoring the time limits for filing a complaint, objections.
3. Cancel the decision.

The complaint or objection is submitted along with the application for the restoration of the term. Inadequate notification of the parties, as a rule, is a good reason for recovery.

The end of the statute of limitations does not exempt from duty

I want to note that the end of the three-year term for the claims of obligations through the court does not exempt from the debt itself. That is, no one pardons the citizen. The court can continue to demand the amount of debt. However, as arguments it is necessary to indicate the following arguments: "Have a conscience", "Please give us money," etc. Any action that transcends the law can automatically make a criminal from a creditor. The only legitimate power way to "knock out" money - only through bailiffs. However, this can only be done through litigation. If you miss the statute of limitations, as well as with competent protection, such an option may not be available.

Conclusion

In conclusion, I want to say that you do not need to be a professional lawyer to protect your rights. Sometimes knowledge of one or two laws can be very useful. The legal norm that we have dismantled (the limitation period for receivables) does not require much effort to understand. However, it can save a lot of money.

Of course, it is necessary to repay debts. We do not urge them to refuse. However, there are different situations. Sometimes there are various unforeseen situations when the borrower can not physically pay. He turns to the bank in order to restructure the debt. The credit organization does not immediately make concessions. And only then, when people refuse to pay, they offer different ways.

Giving money at interest is a commercial activity that is insured. We must not forget that the rejection of debts is not a personal injury to the owner, it is the cost of production. Claiming debts legally is one aspect of this work.

For borrowers, let's say that if a bank no longer has the right to demand a debt through a court, the credit history will be spoiled. Do not forget about this. In life there can be different situations where money may be needed again, but no one will give it.