Legal encyclopedia. Letter D

DURATION

- the period established by law, the expiration of which entails legal consequences.

1. The applicant D. - the time limit for the protection of the right of the claim of the person whose right is violated.

During the period of the claimant's case, the interested person may receive satisfaction of his claims by filing a statement of claim with the court.

The term of action is 3 years. For certain types of requirements there are shortened or long terms. The applicant D. at 10 years is set for claims for the application of the consequences of the nullity of a void transaction; 1 year for invalidating disputable transactions; 2 years for claims arising from insurance.

The passage of the term of the litigation D. begins with the day when the person has learned or should have learned about

Violation of one's right.

Suspension of the term of the lawsuit and its suspension is permitted.

The applicant D. is suspended:

1) if the presentation of an action was hindered by an extraordinary or insurmountable circumstance;

2) if the plaintiff or defendant was in the Armed Forces transferred to martial law;

3) by virtue of the deferred fulfillment of obligations established by law.

The passage of the term of the action D. is suspended if the above circumstances have arisen or continued to exist in the last six months of the term D. When the circumstances that caused the suspension of the D. cease, the course of its term continues. The passage of the term of the claimant's case is interrupted by the presentation of a claim.

The expiration of the term of the claimant D. is not extinguished by the law itself, but by the possibility of its judicial protection.

The applicant does not apply to:

1) requirements for the protection of personal non-property rights;

2) the requirements of depositors to the bank for the issue of deposits;

3) claims for compensation for harm caused to the life or health of a citizen;

4) the requirements of the owner to eliminate violations of his rights;

2. AD acquisition - the acquisition of the right to own property due to the limitation of ownership.

Only citizens and legal entities can purchase the property on the basis of affordable D.

A person who is not the owner of property, but who has been faithfully and continuously owning real estate for 15 years and movable for 5 years, acquires the right of ownership of this property. On the basis of the acquisition of D. can not acquire the right of private property.

The term of the acquiring company has a statutory character.

If the owner holds good faith during the entire term of the owner, the owner has the right to protect his possession from third parties.

The norm on purchasing AD has an inverse effect in time.

3. D. in criminal law - the period after which the person who committed the crime can not be brought to criminal

Responsibility, and the convict by the court can not be punished. There are 2 types of D:

1) D. bringing to criminal responsibility;

2) D. conviction. Exemption from criminal liability

Occurs at the expiration of certain periods:

1) 2 years after the commission of a crime of small gravity;

2) 6 years after the commission of a crime of medium gravity;

3) 10 years after a serious crime;

4) 15 years - after the most serious.

Do not apply D. to persons who have committed crimes against the peace and security of mankind.

The terms of D. release of a person from criminal liability are calculated from the moment of committing a crime until the moment of entering into legal force. The terms of the case of D. for each crime are calculated

Yourself.

Under D. conviction is the expiration of the sentence after the sentence, after which the person is released from punishment.

Exemption from criminal liability and from the execution of the sentence at the expiration of the terms of D. is final and unconditional and can not be canceled.