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The provisions of Chinese law on the statute of limitations

Source:chinese lawyer    Time:2023-05-03    Click:

"Civil Code" Chapter IX Article 188 The statute of limitations for applying to the people's court for the protection of civil rights is three years. Where the law provides otherwise, follow its provisions.
The statute of limitations period is calculated from the date when the obligee knows or should know that his rights have been damaged and the obligor. Where the law provides otherwise, follow its provisions. However, if the rights have been damaged for more than 20 years, the people's courts will not grant protection. In special circumstances, the people's courts may
Article 189 Where the parties agree to perform the same debt in installments, the limitation period shall be calculated from the date when the last installment period expires.
Article 190 The statute of limitations period for a person without or with limited capacity for civil conduct to claim his legal representative shall be calculated from the date when the statutory representative is terminated.
Article 191 The statute of limitations for a minor's claim for damages for sexual assault is calculated from the day the victim turns 18.
Article 192 When the statute of limitations expires, the obligor may raise a defense of failure to perform its obligations.
After the expiration of the limitation period, if the obligor agrees to perform, the expiration of the limitation period shall not be used as a defense; if the obligor has performed voluntarily, he shall not request return.
Article 193 The people's courts shall not take the initiative to apply the statute of limitations.
Article 194 If within the last six months of the limitation period, the right to claim cannot be exercised due to the following obstacles, the limitation period shall be suspended:
(1) force majeure;
(2) The person without capacity for civil conduct or the person with limited capacity for civil conduct has no legal representative, or the legal representative dies, loses capacity for civil conduct, or loses the power of agency;
(3) The heir or estate administrator has not been determined after the succession begins;
(4) The obligee is controlled by the obligor or other persons;
(5) Other obstacles preventing the obligee from exercising the right of claim.
The statute of limitations period shall expire six months after the date of elimination of the reasons for the suspension of the statute of limitations.
Article 195 Under any of the following circumstances, the statute of limitations shall be interrupted, and the period of statute of limitations shall be recalculated from the time when the relevant procedures are terminated:
(1) The obligee submits a performance request to the obligor;
(2) The obligor agrees to perform the obligation;
(3) The obligee files a lawsuit or applies for arbitration;
(4) Other circumstances that have the same effect as filing a lawsuit or applying for arbitration.
Article 196 The following claims are not subject to the statute of limitations:
(1) Request to stop the infringement, remove the obstruction, and eliminate the danger;
(2) The obligees of real property rights and registered movable property rights request the return of property;
(3) requesting payment of alimony, alimony or alimony;
(4) Other claims to which the statute of limitations does not apply according to law.
Article 197 The period and calculation method of the statute of limitations, as well as the reasons for suspension and interruption shall be stipulated by law, and the agreement of the parties shall be invalid.
The party's waiver of the interest of the statute of limitations in advance is invalid.
Article 198 If the law stipulates the time limit for arbitration, it shall be followed; if there is no such provision, the time limit for litigation shall apply.
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Article 199 The duration of rights such as the right of rescission and termination stipulated by law or agreed by the parties shall, unless otherwise provided by law, be calculated from the date when the obligee knows or should know that the right arises, and the relevant limitation of action shall not apply. Suspension, Interruption and Extension Provisions. Upon the expiry of the duration, the right of revocation, cancellation and other rights shall be extinguished.


Zhang Xuehua, a lawyer from Beijing Kangda Law Firm, lawyer license number: 11101200510298487, obtained a lawyer's license in 2005, and is good at debt collection, real estate disputes, and corporate legal affairs

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