Legal Encyclopedia. the letter and

LIMITATION OF ACTIONS

- The term for the protection of rights under the claim of the person whose rights were violated and which may require protection of their violated rights and interests. I. D. is closely linked to the notion of procedural right of action.

Right of action - ensuring the legality of the person concerned an opportunity to apply to the court for consideration and resolution of the substantive dispute with the defendant for the protection of violated or disputed rights or legally protected interests of the person.

The requirement for the protection of the violated right shall be accepted for consideration by a court regardless of whether the limitation period has expired or not.

The terms and procedure for the calculation of ID can not be changed by agreement of the parties. During the term of ID starts with the day when the person knew or should have known about the violation of their rights. Exceptions are certain obligations with a maturity, which begins during the I. D.

at the end of the execution period. If the period of performance of the obligation is not defined or determined by the time of demand, then the limitation period begins from the time when the creditor acquires the right to bring a claim for performance of the obligation, and if the debtor is given a grace period to fulfill this requirement, the calculation of ID begins at the end of this period. Types of terms I. D .:

1) The total of ID set to 3 years and is subject to the spread in almost all the relationships for which no special terms;

2) special ID, directly specified in the law (short or longer compared with the total for the period).

Suspension periods of ID is possible in the event of circumstances that hinder the protection of the violated rights:

1) the filing of the action prevented the extraordinary and unavoidable under the given conditions;

2) the claimant or the defendant is in the Armed Forces, which are transferred to the military situation;

3) on the basis of legitimate government

Russia imposed a moratorium fulfillment of obligations;

4) suspended a law or other legal act regulating the respective relation. The suspension period will occur if the listed circumstances have arisen or persisted in the last 6 months of the limitation period, and if this period is 6 months or less than 6 months, during the limitation period.

term break means that the duration of ID begins to run anew from the date of occurrence of the event, and occurs if the established procedure sued and if the obligated person has committed an action indicating recognition of the debt. After a break over the life begins anew.

Recovery period is carried out when the court finds good reason for missing the deadline by ID on the circumstances related to the personality of the plaintiff (eg, severe illness of the plaintiff, his illiteracy, etc.), the violated right of the citizen to be protected.