Limitation of actions. Special terms and restoration of the limitation period

The statute of limitations is a time period during which the violated rights of a citizen or legal person can be restored through a court. The claim (application) is submitted to the civil, arbitration or arbitration court.

General statute of limitations are established by law in three calendar years. This limitation period extends practically to all requirements except for some, for which there are separate shortened terms.

The Civil Code also provides for shorter terms. These terms are provided for contracts and disputes arising in the process of delivery and transportation of goods. So, for the requirements set by customers to carriers, the limitation period is two months or 60 calendar days. Requirements from the carrier, exposed to the customer through the court, will be considered if the statute of limitations did not exceed six months or one hundred and eighty calendar days.

The statute of limitations is the most important factor for resolving economic disputes. It is very important to correctly determine the beginning of the period from which the right to legal presentation of the claim to the respondent arises, and its total duration. So, in the Civil Code of the Russian Federation, according to the 200th article, the statute of limitations arises from the moment of delivery of goods, services or performance of works that do not meet the quality requirements and the terms of the contract, or have any drawbacks.

The Civil Code of the Russian Federation provides that the statute of limitations is continuous, and anyone who has a claim for infringed rights and freedoms can apply to the court for their protection. Legislation also stipulates that, under certain circumstances, the plaintiff can not timely present his claim and therefore the suspension of the statute of limitations may be possible. In this period, from the moment of the beginning of the action of such circumstances to the moment of their termination, the past period is, as it were, struck out and not counted by the court in determining the duration of the limitation periods. The restoration of the statute of limitations for filing a claim to the court for the protection of violated rights is extended for the entire total term and is taken into account in full duration only upon termination of such circumstances. This can be various extraordinary natural events, such as earthquakes, floods or other circumstances provided by state bodies, etc.

Special periods of limitation of actions are provided for the consideration of claims related to compensation for harm to a person's health or his life directly (in cases where a pension is awarded with the loss of a single breadwinner in the family).

The main reason for passing the statute of limitations for the transfer of a claim to the courts for protection may be a serious illness or other circumstances. Then the reason for such a pass is considered valid, and the limitation of actions is fully restored.

The meaning and understanding of the limitation period is important for every ordinary citizen or business entity, since the rule of law and stability in property relations are important for both sides. Timely protection and elimination of uncertainty in civil legal relations in the implementation of any economic activity or in the provision of services contributes to the development of discipline in society as a whole. When illegal actions are unprofitable, knowing that punishment for them is inevitable and the state stands on the side of social justice, maintaining the balance of the system in the civil business turnover. At the same time, the established periods of limitation serve both parties in the contract, prompting the guilty party to fulfill its obligations and at the same time, enabling the plaintiff to defend and defend his rights in court.

After the expiration of the limitation period, the opportunity to present their claims to the court for the protection of violated rights of economic entities and citizens is lost.