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What should the legal department of China Merchants Bank say about prosecution?
Legal basis: Civil Code of People's Republic of China (PRC).
Article 188? The limitation period for requesting protection of civil rights from the people's court is three years. Where there are other provisions in the law, those provisions shall prevail. The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Article 194? In the last six months of the limitation of action, if the right of claim cannot be exercised due to the following obstacles, the limitation of action shall be suspended:
(1) force majeure;
(2) A person without or with limited capacity for civil conduct has no legal representative, or his legal representative dies, loses his capacity for civil conduct or loses his power of agency;
(three) after the beginning of the inheritance, the heir or the administrator of the estate has not been determined;
(4) The creditor is controlled by the debtor or others;
(5) Other obstacles preventing the obligee from exercising the right of claim.
The limitation of action expires six months after the reason for the suspension of the limitation of action is eliminated.
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