Consequences of the expiry of the limitation period. Types of limitation periods

What are the consequences of expiration of the limitation period for participants of civil legal relations? What will happen if all possible deadlines are reached, when banks and credit organizations have the right to collect debts in court? These and other similar questions will be discussed in this article.

The concept of

Before we speak about the consequences of the expiration of the limitation period, let us explain this term.

The statute of limitations is a time-limit for the protection of rights in the courts. In civil law, it is divided into two categories: general (three years), special (depending on the nature of legal relations).

This means that if the deadline for filing a statement of claim has expired, then it will be very difficult to win the case, even if the plaintiff is three times right. But there is one interesting feature about which citizens who are illiterate in jurisprudence do not know: without a special petition for application, the courts themselves do not take decisions. We will discuss this in more detail later.

Application in practice

If the statute of limitations has expired, this does not mean that the "culprit" can sleep peacefully. There is no automatic application of the norm. There will be no negative consequences of the expiry of the limitation period for creditors if the defendant, i.e., the debtor, does not declare the application of the relevant law by the court. This is one of the significant changes in the Russian legislation. Previously, the limitation of actions was automatically applied by the courts, that is, if the attendants of the Themis see that the deadlines are missed, they will not consider the claim. Today, everything has changed: it will be necessary to state in the petition that the plaintiff has no possibility, according to Art. 196 Civil Code, claim any debts.

Hence the conclusion: it is necessary to constantly improve the legal literacy, in what sphere of activity the citizen would work. Courts, as before, no longer apply the rule of law without a corresponding requirement.

Passage of limitation of actions

Few civil cases without a statute of limitations, so you need to monitor the time. True, there is the possibility of restoring the right to file claims. In life, anything can happen. There are situations when a citizen for objective reasons could not file an application with a court. To exercise the right to judicial protection, he will have to restore the missed procedural deadline. The court considers such applications separately from the basic requirements. If he admits that the deadline is missed without good reason, there can be no doubt: the restoration will be refused.

Respectful reasons for recovery

The plaintiff's claims for the restoration of the terms are satisfied, as a rule, on the following grounds:

• Deterioration of health, illness of close relatives, children.
• Business trips, change of place of work.
• Illiteracy means not legal illiteracy, that is, lack of understanding of laws, inability to interpret them, and banal inability to read or write.
• Another reason recognized by the court is respectful.

If a citizen needs to be sued, but he, for example, has a snow road with only one road from the settlement, the court will meet and give an opportunity to file a complaint.

Who does not have the right to restore the statute of limitations

Legal organizations do not have the right to restore deadlines. No matter what reasons: even if the company is on the peninsula, and it was flooded by the spring melting of snow, in which case lawyers will be powerless to do anything. This is known to credit organizations and banks, collection agencies, but deliberately mislead people who do not understand the jurisprudence. Hence the conclusion: if a sufficient amount of time has passed since the time of, for example, taking a loan, then, most likely, time has passed and creditors do not have the right to collect arrears through the court. However, we already said above: for the application of art. 196 Civil Code it is necessary to state that the dates have expired. The courts themselves are not entitled to do this for citizens. Therefore, at meetings it is still necessary to appear - at least to monitor their own trials, not to let things go by themselves. If there is no possibility to personally attend the court, you can send a written application.

Where to count

One of the most difficult issues that cause confusion even for some novice professional lawyers is the beginning of the running of the statute of limitations. That is from which day to count. Terms for general reasons - three years, but in each case, the nuances arise when determining the outgoing number. This issue causes difficulties mainly on loan agreements and loan agreements.

The calculation of the periods of limitation of actions occurs, as a rule, from a certain legal action. For example, buying a car, drawing up a civil act, signing a loan agreement, etc. The statute of limitations for debts is three years. However, many incorrectly interpret the outgoing, the starting point from which to count. We will try to understand this issue.

Loan agreements: whence the limitation period is counted

Suppose a borrower took a loan from a bank for a period of 5 years in January 2010 in the amount of 100 thousand rubles. A year later, in January 2011, it is reduced, and it ceases to pay its obligations. Whence in this situation the three-year limitation period is calculated? From January 2011 or from 2015? The final point of view in this issue was put by the Supreme Court of the Russian Federation. He stated that the statute of limitations starts to flow from the moment when the creditor knew about the violation of his rights. With legal entities (banks, microfinance organizations, etc.) here everything is simple: it is assumed that they are obliged to know automatically in cases of non-payment of credit obligations on the part of borrowers. It turns out that in our case the limitation period ends in January 2014.

But there is one major nuance: the Supreme Court of the Russian Federation determines for each payment an individual count. This means that in January 2014, the deadline for the right to demand payment for January 2011, in February 2014 - for February 2011, etc., ends. Finally, it is possible to sleep peacefully in our conditional example only after January 2017. Credit organizations know this very well, and they always emphasize this, but they forget one thing: if you sue for collection of overdue debts, say, in December 2016, then you can only demand the amount for one month of the loan. The longer banks and credit institutions will pull with the filing of claims, the less they will receive in the end. Of course, only in the event that the borrower himself will file a petition. The court for this will not do it simply, but, as the court practice shows, it can not. It is also worth noting that the end of the statute of limitations on the right to collect a debt through a court legally does not mean writing off a debt. The bank also has the right to claim its money in other legal ways.

Interrupt

Speaking about the limitation period and the consequences, it is necessary to remember this concept in civil law, as an interruption is a procedural action that zeroes the deadline, moves the stopwatch hands to their original position. The law clearly states that interruption is possible only if the citizen agrees with the debt, recognized it as a certain procedural act: payment, installment agreement, written supplement, agreement on restructuring, etc.

What actions are misinterpreted by the interruption

Often banks and collectors mislead trusting citizens: they say that any telephone conversation, contact zeroes out the time limit for filing a claim. For this reason, many citizens are mistakenly afraid to talk to employees of financial organizations. Legally, telephone conversations will not be used as evidence, even if the debtor fully agrees with all the requirements, since the use of audio recordings is a rather difficult and expensive method. It will be necessary for credit institutions to prove that the debtor was sitting on the other end of the wire. If there is no last one at the trial, then this option is extremely problematic.

The second misconception is to consider the interruption after the lending institution filed with the magistrates' court, and, as a consequence, the issuing of a court order. Debtors have the right without any arguments to write an appropriate petition, cancel it. However, banks and collectors begin to assert that this was the source of the interruption. This is not true. The Civil Code explicitly states that the interruption occurs only if the borrower fully agrees with all the creditor's requirements. The cancellation of the court order just proves any disagreement.

Which disputes do not have a limitation period

There are many civil disputes without a statute of limitations. They concern the protection of court cases related to the protection of honor and dignity, payment of moral compensation for unlawful actions. This situation is primarily aimed at the legal protection of a citizen, his personality, in accordance with the Constitution of the Russian Federation, international conventions and treaties. This is understandable: for example, a man learned three years later that he was slandered. It is already impossible to bring a culprit to a criminal article, to give him a fine too. However, this does not prevent the victim from applying to the court for the purpose of an official apology from the offender. He also has the right to demand compensation for moral harm.

Consequences of the expiry of the limitation period

We will analyze the consequences of the expiration of the time limits for filing claims to the court. What happens in this case, for example, with a loan agreement? After all, legal entities have no right to restore the term under any conditions. This is clearly spelled out in the civil code. Many people think that if a bank or a credit institution has missed the limitation period for recovery through a court, then the debt is written off. In fact, this is not so: despite the fact that the deadline for filing a lawsuit is missed, the creditor retains the right to claim his debt. This means that the debtor still retains this status. The only plus - it can not be sued. Since forcible collection of property, including arrest, is possible only through bailiffs by court order - banks and collectors have the only legal opportunity to "beat out" the debt in this case - to persuade the debtor, to call to his conscience. Citizens who do not know the laws "warn" with the arrest of property, although they know perfectly well that there can not be any legal arrest, and the unauthorized person falls under criminal responsibility.

As a rule, the debt is written off, if all possible periods of limitation for credit contracts have expired. Such actions are voluntary, they are not fixed in the legislation. This means that banks can both write off the debt, so do not. However, in the second case, the recovery rate is very low. Pay basically either conscious and responsible citizens who want to fulfill their obligations, knowing that there will be no negative consequences for the seizure of property, or legally illiterate citizens - they do not know that there can not be any penalties. Sometimes there are those who simply do not want to be disturbed by calls, letters, visits.