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How long is the retrospective period of property disputes?
Whether the arrears of property fees for more than two years exceed the limitation period should be confirmed according to the specific circumstances. First of all, defaulting on property fees is a civil dispute, not a prosecution period, but a statute of limitations. Chapter VII of the General Principles of the Civil Law stipulates the limitation of action: Article 135 The limitation of action for requesting the people's court to protect civil rights shall be two years, unless otherwise stipulated by law. Article 137 The limitation period of action shall be counted from the time when one knows or should know that one's rights have been infringed. However, if more than 20 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation of action. According to these two provisions, your property management company has exceeded the statute of limitations. Secondly, Article 2 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Limitation of Action System in the Trial of Civil Cases (Law Interpretation [2008]11No.) violates the law by agreeing in advance to extend or shorten the limitation of action and give up the interests of the limitation of action, and the people's court will not recognize it. Article 3 If a party fails to raise the defense of limitation of action, the people's court shall not explain the issue of limitation of action, and shall take the initiative to apply the provisions of limitation of action to make a judgment. Conclusion: 1 The limitation of action for requesting the court to protect civil rights is two years, and the property management company cannot extend the limitation of action in violation of the law. 2. If the property management company can't produce evidence to prove that they have urged you to pay your property management fee within the two-year limitation of action, you can first bring a lawsuit to the court in accordance with the provisions of Article 3 of the above (Fa Shi [2008]11).
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