Statute of limitations and how to calculate the statute of limitations according to the Civil Code

Time limit is a time limit prescribed by law at the end of which legal consequences arise for the subject under the conditions prescribed by law. The statute of limitations is important in stabilizing legal relations, ensuring to limit risks and disputes that arise. This article shares in detail the legal regulations surrounding the statute of limitations and how to calculate the statute of limitations according to current civil law.

CSPL: Articles 149, 150, 151, 153, 154, 156 Civil Code 2015

1. Statute of limitations What is that? How to calculate the statute of limitations for filing a lawsuit

– The statute of limitations is the time limit prescribed by law at the end of which legal consequences arise for the subject under the conditions prescribed by law. The statute of limitations is applied according to the provisions of the Civil Code and other relevant laws.

– The Court only applies the statute of limitations upon a party or parties’ request to apply the statute of limitations, provided that this request must be made before the Court of First Instance issues a judgment or decision to resolve the case or matter. The person who benefits from the application of the statute of limitations has the right to refuse to apply the statute of limitations, unless such refusal is for the purpose of avoiding performance of obligations.

– The statute of limitations is calculated from the beginning of the first day of the statute of limitations and ends at the end of the last day of the statute of limitations. Specifically:

+ The statute of limitations for initiating a civil lawsuit is calculated from the date the person with the right to request knows or should know that his or her legitimate rights and interests have been violated, unless otherwise prescribed by law.

+ The statute of limitations for requesting to resolve a civil case is calculated from the date the right to request arises, unless otherwise prescribed by law. other.

+…

2. Types of statute of limitations

– Pursuant to the provisions of Article 150 of the Civil Code, types of statute of limitations are prescribed as follows:

+ The statute of limitations for enjoying civil rights is the period of time at the end of which the subject is entitled to enjoy civil rights.

+ The statute of limitations for exemption from civil obligations is the time limit at the end of which the person with the civil obligation is exempt from performing the obligation.

+ The statute of limitations for filing a lawsuit is the time limit within which a subject has the right to initiate a lawsuit to request the Court to resolve a civil case to protect the rights and legitimate interests that have been violated; If that time limit expires, the right to sue will be lost.

+ The statute of limitations for requesting resolution of a civil matter is the time limit within which a subject is entitled to request the Court to resolve a civil matter to protect the legitimate rights and interests of individuals, legal entities, national interests, people, and public interests; If that time limit expires, the right to request will be lost.

3. Continuity of the statute of limitations for enjoying civil rights and exemption from civil obligations

– According to the Statute of Limitations for enjoying civil rights, exemption from civil obligations has continuity from the beginning to the end; If there is an interrupting event, the statute of limitations must be recalculated from the beginning, after the interrupting event ends.

– The statute of limitations for enjoying civil rights and exemption from civil obligations is interrupted when one of the following events occurs:

+ There is a resolution by a legally effective decision of a competent state authority regarding the civil rights and obligations currently being applied. effect;

+ Civil rights and obligations under the statute of limitations are being disputed by a person with related rights or obligations and have been resolved by a legally effective judgment or decision of the Court.

– The statute of limitations is also continuously calculated in cases where the enjoyment of civil rights or exemption from civil obligations is legally transferred to another person.

4. Time not included in the statute of limitations for initiating a civil case or requesting the resolution of a civil case

Time not included in the statute of limitations for initiating a civil case is prescribed in Article 156 of the 2015 Civil Code, accordingly, the statute of limitations for requesting the resolution of a civil matter is the period of time when one of the following events occurs:

– Force majeure event or objective obstacle that causes the The subject has the right to sue, the right to request cannot sue, request within the statute of limitations.

+ A force majeure event is an event that occurs in an objective way that is unpredictable and cannot be overcome despite the application of all necessary and permissible measures.

+ Objective obstacles are obstacles caused by objective circumstances that prevent people with civil rights and obligations from knowing that their legal rights and interests are being violated or from being able to perform their civil rights and obligations;

– There is no representative in case the person with the right to sue or the person with the right to request is a minor, has lost civil act capacity, has difficulty in cognition, controlling behavior or has limited civil act capacity;

– Minors, people who have lost civil act capacity, people with difficulty in cognition and behavior control, and people with limited civil act capacity who do not have another representative to replace them in the following cases:

+ The representative dies if it is an individual, ceases to exist if it is a legal entity;

+ The representative cannot continue to represent for legitimate reasons.