Chapter 12. Statute of limitations.
Article 195. The concept of limitation.
The statute of limitations is the time limit for the protection of the right to the suit of the person whose right is violated.
Article 196. General limitation period.
The general limitation period shall be three years.
Article 197. Special limitation periods.
1. For certain types of claims, the law may establish special periods of limitation of actions, reduced or longer compared with the general period.
2. The rules of Articles 195, 198 - 207 of this Code also apply to special periods of limitation, unless otherwise provided by law.
Article 198. Invalidity of the agreement on the change of the limitation period.
The limitation periods and the procedure for their calculation cannot be changed by agreement of the parties.
The grounds for suspension and interruption of the limitation period shall be established by this Code and other laws.
Article 199. Application of limitation.
1. The requirement to protect the violated right shall be considered by the court regardless of the expiration of the limitation period.
2. The limitation of actions shall be applied by the court only upon the application of the party to the dispute made before the court rendered the decision.
The expiration of the limitation period, the application of which is declared by the party to the dispute, is the basis for the court to make a decision to dismiss the lawsuit.
Article 200. Beginning of the period of limitation.
1. The limitation period begins on the day when the person learned or should have learned about the violation of his right. Exemptions from this rule are established by this Code and other laws.
2. For obligations with a specific deadline, the limitation period begins at the end of the term of performance.
For obligations whose deadline is not determined or determined by the moment of demand, the limitation period begins from the moment when the creditor has the right to make a claim for the obligation, and if the debtor is given a grace period for the fulfillment of such a claim, the limitation calculation begins at the end of the specified period .
3. For regressive obligations, the limitation period begins from the moment the principal obligation is fulfilled.
Article 201. The limitation period for a change of persons in the obligation.
The change of persons in the obligation does not entail a change in the limitation period and the procedure for its calculation.
Article 202. Suspension of the limitation period.
1. The limitation period shall be suspended:
1) if an extraordinary and unavoidable circumstance under the given conditions (force majeure) prevented the filing of a claim;
2) if the claimant or the defendant is in the Armed Forces transferred to martial law;
3) by virtue of a delay in the fulfillment of obligations established by the Government of the Russian Federation (moratorium);
4) by virtue of the suspension of the law or other legal act regulating the relevant attitude.
2. The limitation period shall be suspended provided that the circumstances specified in this article arose or continued to exist in the last six months of the limitation period, and if this period is six months or less than six months - during the limitation period.
3. From the day of the termination of the circumstance that served as the basis for the suspension of limitation, the duration of its term shall continue. The remaining part of the term is extended to six months, and if the limitation period is six months or less than six months - before the limitation period.
Article 203. Interruption of the limitation period.
The limitation period is interrupted by filing a lawsuit in the prescribed manner, as well as by the obligated person to perform actions testifying to the recognition of the debt.
After a break, the limitation period begins anew; the time elapsed before the break is not counted in the new term.
Article 204. The limitation period in the case of abandonment of the claim.
If the lawsuit is left without consideration by the court, then the period of limitation of actions that began before the filing of the lawsuit proceeds in a general manner.
If a court leaves the lawsuit filed in a criminal case without consideration, the course of the limitation period, which began before the lawsuit was filed, is suspended until the verdict, which the lawsuit was left without consideration, comes into force; the time during which the prescription was suspended shall not be counted in the period of limitation. Moreover, if the remaining part of the term is less than six months, it is extended to six months.
Article 205. Restoring the limitation period.
In exceptional cases, when the court recognizes as valid the reason for missing the limitation period due to circumstances related to the identity of the claimant (serious illness, helpless state, illiteracy, etc.), the violated right of a citizen is to be protected. The reasons for the omission of the limitation period may be recognized as valid if they occurred in the last six months of the limitation period, and if this period is equal to six months or less than six months - during the limitation period.
Article 206. Fulfillment of duty after the expiration of the limitation period.
The debtor or another obliged person who has performed the obligation after the expiration of the limitation period does not have the right to demand the executed back, even if the said person did not know about the expiration of limitation.
Article 207. Application of limitation to additional requirements.
With the expiration of the limitation period on the main claim, the limitation period and on additional claims (penalties, bail, surety, etc.) expire.
Article 208. Requirements for which the statute of limitations does not apply.
The statute of limitations does not apply to:
requirements for the protection of personal non-property rights and other intangible benefits, except as required by law;
depositors' claims on the bank for the issuance of deposits;
claims for damages caused to the life or health of a citizen. However, claims made after three years have elapsed since the occurrence of the right to compensation for such harm are satisfied in the past time in no more than three years preceding the filing of a claim;
the claims of the owner or other owner to eliminate any violations of his right, even if these violations were not connected with deprivation of possession (Article 304);
other requirements in cases prescribed by law.
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