Legal educational program. Statute of limitations for civil cases

Numerous laws have been written and adopted,the basic established rules and principles are summarized in a variety of codes, but cases not only of violations of the rights of individuals, or legal entities, as well as the abandonment of violators with impunity, and the violated rights not restored. Is this another manifestation of the imperfection of the domestic legal system, which they like to talk about on the pages of the "yellow press" and other "progressively-minded" media? Despite all the shortcomings in the field of legal protection, when the salvation of drowning is given into their own hands, it is the indecisiveness and ignorance of the victims themselves that contribute to this negative phenomenon. The cornerstone of all emerging disputes, and in particular the field of application of civil law, is the statute of limitations for civil cases.

If even legal entities whose existencepresupposes at least minimal legal training for founders and managers, often show confusion in this matter, what to say about the individuals who are our fellow citizens, with their low average level of legal training. And this is despite the constantly growing number of lawyers and other professionals with a legal education.

Knowledge of one's rights is the main pledgesuccess in civil disputes. It is not uncommon for a violator, faced with a right-wing opponent, decides to retire and cope with the problem on the spot, to resolve it without inflating and not glowing the situation by applying to court. But if the question is of a principled nature and, moreover, is fueled by high cost or special importance for the disputants of their differences, then without assistance from the court (arbitral tribunal, arbitration court) is indispensable. Here it is necessary to remember how the calculation of terms in the civil law for the correct and timely processing of the statement of claim occurs.

The statute of limitations for civil cases is calculatedin different ways for each specific case, has its own value, dimension and the order of calculation. Being a fairly general concept, it includes the regulatory deadlines and deadlines determined by the transaction, the contract, as well as the terms appointed by the court.

Among the regulatory time intervals, the mainthe statute of limitations for civil cases, to which the term "statute of limitations" corresponds. Its size allows the victim to slowly determine the suits to the offender, determine the tactics of protecting their rights, prepare all necessary for the successful completion of the dispute evidence. Limitation of the statute of limitations on the terms not only disciplines the participants in the civil process, but also allows the court to make a maximally verified decision based on real evidence that has not lost its force.

Civil Code limitation periodsubdivides into general and special. They differ depending on the subject of the dispute. For a general term, the Law defines a period of three years, which is fixed in the Civil Code of the Russian Federation by Article 196, and, for example, in international law, it reaches 4 years according to Art. 8 of the Convention on the Limitation Period in International Purchase.

Special statute of limitationsprovided for by law for the most relevant cases. It can be more, and less of the main time interval. As an example, art. 181 of the Civil Code of the Russian Federation determines the time limit for filing a claim to recognize the invalidity of a so-called insignificant transaction within ten years from the date of its commencement. For a claim to declare a voidable transaction void - one year from the date of elimination of the impact of the threat or violence under the pressure of which the transaction was committed (Civil Code Article 179) ...

A very important point in the consideration of the issueThe statute of limitations in the process of determining the terms is the procedure for suspending the statute of limitations. It is defined as the occurrence of circumstances from the moment of the offensive, which, and until their end, there is a break in the calculation of the general limitation period. To determine these moments, the requirements of the Civil Code of the Russian Federation are applicable art. 202 p. 1.

In general, the statute of limitations for civil cases is not an obstacle to filing an application with a court. There are many nuances that allow you to restore your rights even in the most desperate situations.