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How long is the limitation of action for repayment period

Time: July 2, 2024 label: Litigation and arbitration Acceptance scope Reading: 883 people

Lawyer's analysis:

According to relevant laws of China statute According to the provisions of the Law of the People's Republic of China, if a citizen wants to file a complaint with the local people's court litigation In order to safeguard their civil rights and interests, then the applicable Limitation of action In principle, the time limit shall be set as three years, unless otherwise stipulated by law.
The starting time of this limitation of action is calculated from the time when the parties know or should know that their important rights and interests such as property rights and personal rights have been infringed and the specific identity and information of the responsible party.
Only when Tortious conduct In principle, the people's court will no longer support the litigant's request to the court more than 20 years after the occurrence.
However, in some special circumstances, if the parties can prove that their rights and interests have suffered continuous damage or other relevant reasons have been recognized by the court, the people's court can still decide whether to extend the protection period of rights and interests based on the written application of the parties.

Legal basis:

Article 188 of the Civil Code
The limitation period for applying to the people's court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail.
The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor. If the law provides otherwise, such provisions shall prevail.
However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee.

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