Causes and legal consequences of interruption of limitation of action

After the interruption of the limitation of action occurs, the expired limitation period is invalid. The interruption period and the limitation period are not implemented, and the limitation period is recalculated when the interruption is terminated. It refers to the system that the limitation of action is recalculated from the interruption time and the end of relevant procedures when the limitation of action is hindered for some reason, resulting in the invalidation of the previous limitation of action. However, how to confirm the termination of the interruption reason varies with the nature of the reason:

Interruption of the limitation of action means that during the limitation of action, due to certain legal reasons, the limitation of action expires and is invalid. After the reasons for the interruption of the limitation of action are eliminated, the limitation of action starts again. What are the situations in which the limitation of action is interrupted during the guarantee period?

(1) There are three legal reasons for the interruption of the limitation of action:

1. The obligee files a lawsuit;

2. The obligee puts forward rights to the obligor outside the lawsuit;

3. The debtor agrees to perform the debt to the creditor.

Interruption of the limitation of action means that during the limitation of action, due to certain legal reasons, the limitation of action expires and is invalid. After the reasons for the interruption of the limitation of action are eliminated, the limitation of action starts again.

(2) The suspension of limitation of action has the following conditions:

1. The suspension of the limitation of action must be for legal reasons. These legal reasons include two types: first, force majeure, such as natural disasters and military actions, is an objective situation that the parties cannot foresee and overcome; Second, other circumstances that prevent the obligee from exercising the right of claim.

2. The legal reason occurs within the last six months of the limitation of action, and then it will have the effect of suspending the limitation of action.

3. The period that passed before the suspension of the limitation of action is combined with the period that continues after the reasons for the suspension of the limitation of action disappear. However, the time course of suspension is not included in the limitation period. Therefore, the civil law regards the suspension of limitation of action as a temporary obstacle to the completion of limitation of action.

The suspension of the limitation of action means that the obligee cannot exercise his right of claim due to certain legal reasons, and the limitation of action is suspended. In the last six months of the limitation of action, the limitation of action is suspended due to force majeure or other obstacles.

How long is the statute of limitations for sales contracts?

The statute of limitations for a sales contract is three years. Sales contracts are governed by the Civil Code. The general statute of limitations is three years. Only those contracts with special nature have different limitation of action. The sales contract belongs to the general contract, so the limitation of action is also limited and stipulated by the three-year period. However, during this period, if the creditor urges the debtor to repay the goods, or there are other legal interruptions, the limitation of action will be interrupted and the expired limitation period will be invalid. After the reasons for the interruption of the limitation of action were eliminated, the limitation of action resumed.

Limitation interruption and limitation interruption

Suspension of the limitation of action refers to the suspension of the calculation of the limitation of action because the obligee cannot exercise his rights due to legal reasons, and the limitation of action will continue to be calculated after the reasons for suspension are eliminated. The suspension period is not counted in the limitation period, but the periods before and after the suspension are counted together. Interruption of the limitation of action means that during the limitation of action, the limitation of action is declared invalid due to legal reasons, and the limitation of action is recalculated after the interruption is eliminated. During the recalculation, the limitation of action was interrupted again.

Legal basis:

Article 195 of the Civil Code of People's Republic of China (PRC)

In any of the following circumstances, the limitation of action shall be interrupted, and the limitation period shall be recalculated from the date of interruption and the end of relevant procedures:

I. The creditor makes a performance request to the debtor.

(2) The debtor agrees to perform the debt.

3. The obligee brings a lawsuit or applies for arbitration;

(4) Other circumstances that have the same effect as bringing a lawsuit or applying for arbitration.