What does it mean to schedule a lawsuit?

1. What does the adoption of the statute of limitations mean?

The termination of the limitation period refers to the expiration of the limitation period. After the expiration of the limitation period, the right of action disappears and the natural rights still exist. Creditors can still claim their natural rights from the debtor through the court, and the debtor can voluntarily perform them without legal intervention. The debtor has the right to the defense of limitation of action.

Second, what are the legal consequences of exceeding the limitation of action?

Limitation of action, also known as extinction limitation, refers to a limitation system in which the obligee whose civil rights have been infringed fails to exercise his rights within the statutory limitation period, and his public relief right is extinguished when the limitation period expires. Once the limitation of action has passed, the obligee loses the right to win the case, that is, the right to win the case is eliminated.

1, the right of defense of limitation of action

The creditor's right has the fact that the limitation of action has expired, and if the debtor claims the right of defense of the limitation of action, the right of claim is blocked and the obligation is exempted from performance. For the obligee, the creditor's rights have no influence, and the creditor's rights are still intact.

2, the court can't take the initiative to apply the statute of limitations.

The right of defense of limitation of action is a private right, and whether it is exercised is within the scope of the freedom of defense. The court should respect the autonomy of the parties. According to Article 3 of the Provisions of the Supreme People's Court on Several Issues Concerning the Application of the Limitation of Action in the Trial of Civil Cases, if the parties do not advocate the defense of the limitation of action, the people's court shall not make an explanation and judgment on the active application of the limitation of action.

3. The right of defense of limitation of action is relative to the effectiveness of people.

After the expiration of the limitation of action, the consequences of the creditor's right to claim may not necessarily arise, provided that the debtor exercises the right of defense of the limitation of action. In the case of a large number of debtors, the effectiveness of one person's defense right of limitation of action, or one person's waiver of limitation interests, has no influence on others, that is, the claim of defense right of limitation of action has only relative effect.

Three, how to remedy the debt that has passed the limitation of action?

According to the law, after the limitation of action ends, creditors still have the following remedies.

(1) sue to the court for repayment.

The statute of limitations has expired. What creditors lose is the right to win the lawsuit, but their own substantive rights have not been lost. Creditor's rights always exist. Although the debtor may refuse to perform his obligations, the exercise of the creditor's right is only hindered, and the right itself and the claim right are not eliminated. Therefore, if a party brings a lawsuit after the limitation of action expires, the people's court shall accept it.

In litigation, the judge has no right to explain and apply the prescription voluntarily, and the parties need to apply the system. On the premise of confirming the fact of lending, if the debtor does not notice that the debt has passed the limitation of action and raises a defense, the creditor's substantive rights can be protected by law.

(2) Let the debtor continue to repay.

The creditor can continue to ask the debtor to pay back the money, and the debtor is willing to pay back the money. Creditor's rights are protected by law, and the debtor can't ask the creditor to refund the money on the pretext of unjust enrichment. It is based on the provisions of Article 192 of the Civil Code: If the obligor agrees to perform after the expiration of the limitation period, it shall not defend on the grounds of the expiration of the limitation period. The Supreme People's Court's "Reply on the Legal Effect of the Borrower's Signature or Seal on the Dunning Notice during the Limitation of Action" stipulates: "When the limitation of action is exceeded, the credit union issues a notice of loan due to the borrower, and if the debtor signs or seals the notice, it is regarded as a reconfirmation of the original debt, and the relationship between creditor's rights and debts is protected by law." Article 22 of the Supreme People's Court's Provisions on Several Issues Concerning the Application of the Limitation System in the Trial of Civil Cases stipulates: "When the limitation period expires, if one party agrees to perform its obligations or voluntarily performs its obligations to the other party, the people's court will not support it."

(3) Ask the guarantor to pay back the money.

The premise is that the guarantor is stipulated in the loan contract. In the case of a guarantor, the guarantor's guarantee period will exceed the litigation period with creditor's rights restrictions. Where the guarantor repays the debt, the creditor's rights are protected by law and have the same legal effect as the debtor's voluntary repayment. To sum up, after the limitation period, the obligee may not lose the case, and there are many remedies.

Legal objectivity:

People's Republic of China (PRC) Civil Code

Article 192

If the limitation of action expires, the debtor may raise the defense of non-performance.

After the expiration of the limitation period of action, if the debtor agrees to perform it, it shall not defend itself on the grounds of the expiration of the limitation period of action;

If the debtor voluntarily performs, it may not request the return.