Joke Collection Website - Mood Talk - Can you elaborate on the time of prosecution and filing?
Can you elaborate on the time of prosecution and filing?
1. limitation of action: it depends on the specific situation. The limitation of action is one or two years, counting from the time when you know or should know that your rights have been infringed; 2. Time for filing a case: If the conditions for prosecution are met, the case shall be filed within seven days and the parties concerned shall be notified; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal. Article 123 of the Civil Procedure Law of People's Republic of China (PRC) The people's court shall protect the litigation rights of the parties according to law. A lawsuit that conforms to Article 119 of this Law must be accepted. Those who meet the conditions for prosecution shall file a case within seven days and notify the parties concerned; If it does not meet the conditions for prosecution, it shall make a ruling within seven days and refuse to accept it; If the plaintiff refuses to accept the ruling, he can appeal. People's Republic of China (PRC) General Principles of Civil Law Chapter VII Limitation of Action Article 135 The limitation of action for requesting protection of civil rights from a people's court shall be two years, unless otherwise provided by law. Article 136 The limitation period for the following actions is one year: (1) claiming compensation for personal injury; (two) the sale of substandard goods has not been declared; (3) delaying or refusing to pay the rent; (4) Loss of or damage to the property in escrow. Article 137 The limitation period of action shall be counted from the time when one knows or should know that one's rights have been infringed. However, if more than 20 years have passed since the right was infringed, the people's court will not protect it. Under special circumstances, the people's court may extend the limitation of action. Article 138 After the expiration of the limitation of action, if the parties voluntarily perform it, they shall not be limited by the limitation of action. Article 139 If the right of claim cannot be exercised due to force majeure or other obstacles within the last six months of the limitation of action, the limitation of action shall be suspended. From the date when the reasons for the suspension of the limitation of action are eliminated, the limitation of action shall continue to be counted. Article 140 The limitation of action is interrupted by bringing a lawsuit, a party making a request or agreeing to perform an obligation. From the time of interruption, the limitation period of action shall be recalculated. Article 141 Where the law provides otherwise on the limitation of action, such provisions shall prevail.
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