Civil Code on Limitation of Property Litigation

First, the civil code on the statute of limitations.

According to Article 188 of the Civil Law, the limitation of action for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, if more than 20 years have passed since the right was damaged, the people's court will not protect it; Under special circumstances, the people's court may decide to extend the time limit upon the application of the obligee.

Second, the difference between the limitation period and the limitation period.

1, applicable to different objects: the limitation of action applies to the right of claim; The predetermined period applies to the right of formation.

2. Different legal effects: the legal effect of the limitation of action is the loss of the right to win the lawsuit, but the right itself has not been eliminated; The legal effect of the agreement period is manifested in the elimination of the right of formation.

3. Different values: the value of setting the limitation of action lies in urging the obligee to exercise his rights in time, speeding up the circulation of property and eliminating the original legal relationship; The value of establishing a predetermined period lies in eliminating the uncertain and unstable factors in the relationship between the parties, maintaining the security of transactions and maintaining the original legal relationship.

4. The period and calculation method are different: the limitation of action is generally longer than the scheduled period, and the limitation of action may be suspended, interrupted or even extended; And the predetermined period is fixed.

5. The initiative of application is different: the judge cannot apply the limitation of action, but only when the obligor claims the limitation interest; However, the judge can apply the predetermined time limit on his own initiative.

Three, the establishment of the statute of limitations elements

The elements of limitation of action refer to the applicable elements of limitation of action.

1, there must be a claim. Limitation of action is a restriction on the right of claim. Without the right of claim, it is impossible to apply the statute of limitations.

There must be the fact that you are lazy to exercise your rights. The limitation of action is to urge the obligee, in fact, to protect the obligor. If the obligee slowly exercises his rights within a certain period of time, and there is no other reason to interrupt or suspend the limitation of action, it will take legal effect.

The fact that you are lazy to exercise your rights persists, which leads to the expiration of the limitation period. Expiration is sometimes called the end of the limitation of action and the completion of the limitation of action. When the limitation of action expires, the obligee's right to win the case will automatically disappear. If there is a fact that the limitation of action is interrupted or suspended, the limitation of action can be "extended", that is, it will be recalculated when it is interrupted, and it will continue to be calculated after the suspension period is removed when it is suspended. The limitation of general civil action is three years, the limitation of special action takes precedence over the limitation of general action, and the longest limitation of action is twenty years.

Legal objectivity:

Article 188 of the Civil Law of People's Republic of China (PRC) requests the people's court to protect civil rights, and the limitation of action is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.