E 196 article of the Civil Code of the Russian Federation. Petition to apply the statute of limitations, sample

The Civil Code of the Russian Federation, along with the federal laws adopted in accordance with it, is the main source civil legislation V Russian Federation. Norms civil law contained in other normative legal acts, cannot contradict the Civil Code. The Civil Code of the Russian Federation, work on which began at the end of 1992, and initially proceeded in parallel with the work on Russian Constitution 1993 - a consolidated law consisting of four parts. Due to the huge volume of material that required inclusion in the Civil Code, it was decided to adopt it in parts.

First part Civil Code RF, put into effect on January 1, 1995 (except for individual provisions), includes three of the seven sections of the code (Section I “General Provisions”, Section II “Property Rights and Others” real rights», section III « a common part law of obligations"). This part of the Civil Code of the Russian Federation contains the fundamental norms of civil law and its terminology (about the subject and general principles civil law, the status of its subjects (individuals and legal entities)), objects of civil law ( various types property and property rights), transactions, representation, limitation period, property rights, as well as the general principles of the law of obligations.

The second part of the Civil Code of the Russian Federation, which is a continuation and addition of part one, came into force on March 1, 1996. It is entirely devoted to section IV of the code “ Selected species obligations." Based on the general principles of the new civil law of Russia, enshrined in the 1993 Constitution and part one of the Civil Code, part two establishes a detailed system of rules on individual obligations and contracts, obligations arising from causing harm (torts) and unjust enrichment. In terms of its content and significance, part two of the Civil Code of the Russian Federation is a major stage in the creation of new civil legislation of the Russian Federation.

The third part of the Civil Code of the Russian Federation includes section V " Inheritance law" and section VI "Private International Law". Compared to the legislation in force before the entry into force of Part Three of the Civil Code of the Russian Federation on March 1, 2002, major changes the rules on inheritance have undergone changes: new forms of wills have been added, the circle of heirs has been expanded, as well as the range of objects that can be transferred in the order of hereditary succession; Detailed rules have been introduced regarding the protection and management of inheritance. Section VI of the Civil Code dedicated to regulation civil relations, complicated foreign element, is a codification of the rules of private international law. This section, in particular, contains rules on qualification legal concepts when determining applicable law, on the application of the law of a country with plurality legal systems, on reciprocity, return, establishment of the content of norms of foreign law.

The fourth part of the Civil Code (entered into force on January 1, 2008), consists entirely of section VII"Rights to results intellectual activity and means of individualization." Its structure includes general provisions- norms that apply to all types of results of intellectual activity and means of individualization or to a significant number of their types. The inclusion of norms on intellectual property rights in the Civil Code of the Russian Federation made it possible to better coordinate these norms with general standards civil law, as well as unify those used in the field intellectual property terminology The adoption of the fourth part of the Civil Code of the Russian Federation completed the codification of domestic civil legislation.

The Civil Code of the Russian Federation has passed the test of time and extensive application practice, however, economic offenses, often carried out under the guise of civil law, revealed the lack of completeness in the law of a number of classical civil law institutions, such as invalidity of transactions, creation, reorganization and liquidation of legal entities, assignment of claims and transfer of debt, pledge, etc., which necessitated the need to introduce The Civil Code of the Russian Federation has a number of changes of a systemic nature. As noted by one of the initiators of making such changes, President of the Russian Federation D.A. Medvedev, “The existing system does not need to be restructured, fundamentally changed... but to be improved, to reveal its potential and to develop implementation mechanisms. The Civil Code has already become and must remain the basis for the formation and development of civilized market relations in the state, an effective mechanism for the protection of all forms of property, as well as the rights and legitimate interests citizens and legal entities. The Code does not require fundamental changes, but further improvement of civil legislation is necessary..."<1>.

On July 18, 2008, Decree of the President of the Russian Federation No. 1108 “On improving the Civil Code of the Russian Federation” was issued, which set the task of developing a concept for the development of civil legislation of the Russian Federation. October 7, 2009 The concept was approved by the decision of the Council for Codification and Improvement Russian legislation and signed by the President of the Russian Federation.

________
<1>See: Medvedev D.A. Civil Code of Russia - its role in development market economy and creation rule of law// Bulletin of civil law. 2007. N 2. T.7.

Nadezhda Chalkova.

Sberbank of the Russian Federation blocked all my accounts and all my cards (credit, salary (I worked for 7 months from October 16, 2014 to 06/2/2015 at the Tram Depot) and pension card) from 04/15/2015, until judicial procedure, depriving me of all means of subsistence. Total debt on overdue payments on 3 loans (2 loans and 1 credit card) in Sberbank = 48,000 rubles. I stopped making payments on loans in January 2015. I wrote a letter to Sberbank of Russia on June 24, 2015, demanding that all accounts and cards be unblocked, because... they violated all articles of the Civil Code of the Russian Federation, namely: Art. 26 Federal Law “On banks and banking» part 2 art. 183 of the Criminal Code of the Russian Federation, paragraph 3 of Art. 857 Civil Code of the Russian Federation Art. 15 of the Law of the Russian Federation dated 02/07/1992 No. 2300-1 “On the protection of consumer rights” Art. 168 Civil Code of the Russian Federation, Part 1 Art. 422 Civil Code of the Russian Federation, Art. 438 Civil Code of the Russian Federation, Art. 441 Civil Code of the Russian Federation , Art. 445 Civil Code of the Russian Federation, Art. 819 Civil Code of the Russian Federation, clause 1 Art. 846 Civil Code of the Russian Federation Art. 167 clause 1 of the Civil Code of the Russian Federation, clause 2 Art. 167 Civil Code of the Russian Federation Art. 820 Civil Code of the Russian Federation Art. 807 Civil Code Art. 17 clause 2 ZoPPD... To unlock which, employees of the Department for working with problem loans The bank says that you need to pay the entire amount of the debt (+) 13,000 rubles - penalties. Total amount = 61,000 rub. and then they will unlock it. And how to pay if all cards and accounts are blocked, on which there are only 18,000 rubles...??? What should I do next??? Write To the Prosecutor General about the arbitrariness of Sberbank??? I will be glad to receive your quick response, sincerely, Nadezhda Chalkova. My e-mail: [email protected]

Lawyer's answer (Alexey Alexandrovich Korobov)

It can be better Arranges Like

Good afternoon, Nadezhda! The bank has no right to impose pre-trial procedure seizure of accounts, since only bailiffs are authorized to do this in accordance with the Federal Law “On Enforcement Proceedings”. You need to write a complaint to the prosecutor's office, a complaint to the Central Bank, a complaint to the financial ombudsman, and also file a lawsuit against the bank to remove the seizure from the accounts and compensate you for losses and moral damage.

Sergey

1) How to recognize a receipt as void, without money, invalid, 2) 1) The purchase and sale agreement was declared invalid by the court on 3) the grounds of Art. 177 Civil Code of the Russian Federation. caused by alcohol at the time of 4) the transaction of purchase and sale of an apartment. and posthumous 5) examinations Article 194-199 of the Civil Code of the Russian Federation. 6) 2) The money was (allegedly) transferred before the transaction, but on the same day. 7) Sergey ( [email protected]) 8) If you tell me.? I will be grateful. Novosibirsk 9) Just don’t advise me that I need to go to court! I know this myself. 10) Thank you!!! 11) 1) The conclusion of the PED (commission of experts) is, on the basis of which the Court declared the Sale and Purchase Agreement invalid, paragraph 1 of Article 177 of the Civil Code of the Russian Federation. 12) 2) There is no date of transfer of money in the receipt next to the father-in-law’s signature. 13) 3) The receipt indicates the same house, but the apartment number is different. 14) 4) The receipt was printed on a computer and printed on a printer. 15) 5) There are no witness signatures. 16) 6) The receipt is not certified by a notary for receipt of 2,700,000 rubles (above 10 times living wage)

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It can be better Arranges Like

Sergey

1) How to recognize a receipt as void, without money, invalid, 2) 1) The purchase and sale agreement was declared invalid by the court on 3) the grounds of Art. 177 Civil Code of the Russian Federation. caused by alcohol at the time of 4) the transaction of purchase and sale of an apartment. and posthumous 5) examinations Article 194-199 of the Civil Code of the Russian Federation. 6) 2) The money was (allegedly) transferred before the transaction, but on the same day. 7) Sergey ( [email protected]) 8) If you tell me.? I will be grateful. Novosibirsk 9) Just don’t advise me that I need to go to court! I know this myself. 10) Thank you!!! 11) 1) The conclusion of the PPA (commission of experts) is, on the basis of which the Court recognized the agreement 12) Sales and Purchases as invalid, paragraph 1 of Article 177 of the Civil Code of the Russian Federation. The receipt was signed in alcoholic state 13) 2) There is no date of transfer of money in the receipt next to the father-in-law’s signature. 14) 3) The receipt indicates the same house, but the apartment number is different. 15) 4) The receipt was printed on a computer and printed on a printer. 16) 5) There are no witness signatures. 17) 6) The receipt is not certified by a notary for receipt of 2,700,000 rubles (above 10 times the subsistence level)

Lawyer's answer (Mikhail Alexandrovich I.)

It can be better Arranges Like

If there was cash loan, in which the borrower took a certain amount from the lender, then this is unilateral commitment confirmed by receipt. The more specific data is indicated in this document, the more difficult it will be to challenge it in court. Typically, it contains the borrower’s details - his last name, first name, patronymic, passport number, place of residence. The receipt must be signed by the borrower and there must be a date next to the signature. If the note does not contain details such as the passport number and place of residence of the borrower, the receipt may be invalidated. It will be very difficult for the lender to prove in court that the money was transferred specifically to you, since there can be many people with such a surname, name and patronymic. Without mandatory details, according to Article 808 of the Civil Code of the Russian Federation, a receipt cannot be evidence of the conclusion of a loan agreement. The basis for attempting to challenge the legality of a receipt presented in court may be the lack of signatures of witnesses, as well as lack of registration with a notary. In these cases it is also possible to make a statement that the receipt is forged document. You can challenge the receipt, even if it contains the details and passport number, citing the fact that your signature is fake. In this case, a handwriting examination will be scheduled and the specialist will present his conclusion. But if, as a result of the examination, it is proven that it is your signature on the receipt, you will have to pay not only the amount borrowed, but also pay for the examination. Recognize receipt invalid court maybe, if you can prove that you did not sign it voluntarily, under duress or under difficult circumstances. Its legality can also be challenged if it is proven that you signed it while intoxicated or under the influence narcotic substances, as well as under physical or moral pressure.

Total term The limitation period is three years from the date determined in accordance with Article 200 of the Civil Code.

The limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period was established, except in cases established Federal law dated March 6, 2006 N 35-FZ “On countering terrorism”.

1. Positions on the general limitation period (clause 1 of Article 196 of the Civil Code of the Russian Federation)

1.1. To what situations does paragraph 1 of Art. 196 Civil Code of the Russian Federation
1.1.1. General limitation period for claims from bankruptcy relations

1.1.1.1. Actions (inaction) of the arbitration manager can be appealed within the general limitation period (position of the Supreme Arbitration Court of the Russian Federation)

1.1.1.2. Claim for compensation legal expenses in a bankruptcy case may be brought within the general limitation period (position of the Supreme Arbitration Court of the Russian Federation)

1.1.1.3. The general statute of limitations applies to the request of a person participating in a bankruptcy case for the return of part of the remuneration paid to the arbitration manager (position of the Supreme Arbitration Court of the Russian Federation)

1.1.2. General limitation period for claims in rem

1.1.2.1. The general statute of limitations applies to vindication claims and claims related to the recognition and termination of ownership rights (position of the RF Armed Forces, the Supreme Arbitration Court of the Russian Federation)

1.1.2.2. To the demand for demolition unauthorized construction, which does not pose a threat to the life and health of citizens and was erected on a plot removed from the plaintiff’s possession, the general statute of limitations applies (position of the RF Armed Forces)

1.1.3. General limitation period for claims arising from relations relating to state registration of rights and transactions

1.1.3.1. Requirements for state registration of a transaction or transfer of ownership are subject to the general statute of limitations (position of the RF Armed Forces, the Supreme Arbitration Court of the Russian Federation)

1.1.3.2. The general statute of limitations applies to claims to challenge a right registered in the Unified State Register (the position of the RF Armed Forces, the Supreme Arbitration Court of the Russian Federation)

1.1.3.3. Executive inscription notary on a pledge agreement is completed within the general limitation period from the moment the right to extrajudicial treatment collection (position of the Supreme Arbitration Court of the Russian Federation)

1.1.3.4. To the claim for compensation for losses caused by the evasion of the counterparty to the transaction from its notarization or state registration, the general statute of limitations applies (position of the RF Armed Forces)

1.1.4. General period of claim for claims arising from contractual and non-contractual obligations

1.1.4.1. The beneficiary has the right to bring a claim against the guarantor within the general limitation period (position of the Supreme Arbitration Court of the Russian Federation)

1.1.4.2. For a claim arising from a violation of a contract during the period of its validity, the general statute of limitations applies, regardless of the expiration of the contract (position of the RF Armed Forces)

1.1.4.3. The general statute of limitations applies to claims arising from legal relations regarding the organization and support of cargo transportation (the position of the Supreme Arbitration Court of the Russian Federation)

1.1.4.4. The general statute of limitations applies to claims for collection of overdue debt under a loan obligation that provides for periodic payments (position of the RF Armed Forces)

1.1.4.5. Requirements regarding housing relations based on a contract, the general statute of limitations applies (position of the RF Armed Forces)

1.1.4.6. To claims arising from an obligation as a result of causing harm, the general statute of limitations applies (position of the RF Armed Forces, the Supreme Arbitration Court of the Russian Federation)

1.1.4.7. The general statute of limitations applies to the claim of a rehabilitated person for compensation for damage caused by confiscation of property (position of the RF Armed Forces)

1.1.4.8. To claims for collection unjust enrichment the general limitation period applies (position of the Supreme Arbitration Court of the Russian Federation)

1.1.4.9. To the requirements for attracting civil liability the general limitation period applies (position of the Supreme Arbitration Court of the Russian Federation)

1.1.4.10. If the main obligation was fulfilled with delay, but within the limitation period, the claim for the recovery of a penalty is subject to satisfaction in the part that is included in the three-year period preceding the date of filing the claim for the recovery of a penalty (position of the Supreme Arbitration Court of the Russian Federation)

1.1.5. General limitation period for claims from inheritance relations

1.1.5.1. The requirement to establish the fact of acceptance of an inheritance, stated along with other claims, is subject to the general statute of limitations (position of the RF Armed Forces)

1.1.5.2. The general statute of limitations applies to the requirement to recognize the right of ownership of property received by inheritance (position of the RF Armed Forces)

1.1.6. General limitation period for claims from rights to results of intellectual activity and means of individualization

1.1.6.1. The general statute of limitations applies to the claim for collection of royalties under an agreement between the author and the user (position of the RF Armed Forces)

1.1.6.2. To the request for protection exclusive rights a general statute of limitations applies to a trademark (position of the Supreme Arbitration Court of the Russian Federation)

1.1.6.3. To the claim for compensation for illegal use trademark The general statute of limitations applies in the double amount of the cost of goods (services) (position of the Supreme Arbitration Court of the Russian Federation)

1.1.7. General limitation period for claims from corporate relations

1.1.7.1. The general statute of limitations applies to the requirement to credit shares to an account (position of the Supreme Arbitration Court of the Russian Federation)

1.1.7.2. The general statute of limitations applies to the claim for recovery of losses caused by the illegal write-off of shares from the plaintiff’s account (the position of the Supreme Arbitration Court of the Russian Federation)

1.1.7.3. To the requirements for recognition of the right to a share (part thereof) in authorized capital LLC, the general statute of limitations applies (position of the Supreme Arbitration Court of the Russian Federation)

1.1.8. General limitation period for claims from budgetary, administrative and customs relations

1.1.8.1. To requests for collection of fees for negative impact on environment the general limitation period applies (position of the Supreme Arbitration Court of the Russian Federation)

1.1.8.2. To the requirement to challenge the decision on the indisputable write-off of the repayment debt budget funds the general limitation period applies (position of the Supreme Arbitration Court of the Russian Federation)

1.1.8.3. Requests for the return of overpaid or collected customs duties and taxes are subject to the general statute of limitations and general rules about the beginning of its course (position of the RF Armed Forces)

1.2. To what situations does paragraph 1 of Art. 196 Civil Code of the Russian Federation
1.2.1. When considering cases arising from public legal relations, the general limitation period does not apply (position of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation)

1.2.2. The general statute of limitations does not apply to claims related to ongoing ongoing violations of rights (position of the RF Armed Forces)

1.2.3. The limitation period does not apply to the requirement to demolish an unauthorized building if it threatens the life and health of citizens (position of the RF Armed Forces, the Supreme Arbitration Court of the Russian Federation)

1.2.4. The limitation period does not apply to the requirement for the demolition of an unauthorized building erected without the consent of the owner on plot of land which he owns (position of the RF Armed Forces, the Supreme Arbitration Court of the Russian Federation)

1.2.5. To demands for collection of payment for overtime work the general statute of limitations does not apply (position of the RF Armed Forces)

1.2.6. To the requirements arising from relations according to social security orphans and children left without parental care, the general statute of limitations does not apply (position of the RF Armed Forces)

1.2.7. To the demand made pension authority due to refusal of appointment labor pension, the general statute of limitations does not apply (position of the RF Armed Forces)

1.2.8. The general statute of limitations does not apply to demands for indexation of the amounts of benefits paid to wards (position of the RF Armed Forces)

1.3. In what order should actions be performed in accordance with paragraph 1 of Art. 196 Civil Code of the Russian Federation

1.3.1. For claims for the collection of debt amounting to VAT, the general limitation period is applied taking into account the deadlines for payment of the cost of services under the contract (position of the Supreme Arbitration Court of the Russian Federation)

1.3.2. For a claim for VAT refund, the general statute of limitations is applied taking into account the satisfaction of a previously submitted claim to challenge the inspector’s decision (position of the Supreme Arbitration Court of the Russian Federation)

2. Positions on the limitation period (clause 2 of Article 196 of the Civil Code of the Russian Federation)

2.1. To what situations does paragraph 2 of Art. 196 Civil Code of the Russian Federation

2.1.1. The ten-year limitation period does not apply to claims to which the limitation period does not apply (position of the RF Armed Forces)

2.1.2. The ten-year limitation period does not apply to claims for compensation property damage caused as a result terrorist attack(position of the RF Armed Forces)

2.2. In what order should actions be performed in accordance with paragraph 2 of Art. 196 Civil Code of the Russian Federation

2.2.1. As a general rule, the ten-year limitation period begins to run from the date of violation of the right (position of the RF Armed Forces)

2.2.2. The ten-year limitation period cannot be restored (position of the RF Armed Forces)

2.3. How other rules of law apply to legal relations regulated by paragraph 2 of Art. 196 Civil Code of the Russian Federation

2.3.1. As a general rule, when calculating the ten-year limitation period, general provisions on the beginning of the limitation period do not apply (position of the RF Armed Forces)

Current version of Art. 196 of the Civil Code of the Russian Federation with comments and additions for 2018

1. The general limitation period is three years from the date determined in accordance with Article 200 of this Code.

2. The limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period is established, with the exception of cases established by Federal Law No. 35-FZ of March 6, 2006 “On Combating Terrorism.”

Commentary on Article 196 of the Civil Code of the Russian Federation

1. The Civil Code of the Russian Federation establishes a general limitation period for both citizens and legal entities at three years.

As a general rule, the limitation period begins to run from the day when the person learned or should have learned about the violation of his right and who the violator is ().

By recourse obligations The limitation period begins to run from the day the main obligation is fulfilled.

2. The legislator has established a limitation period of ten years from the date of violation of the right for the protection of which this period was established.

An exception is made for claims for compensation for damage caused to the life or health of citizens as a result of a terrorist act, since the statute of limitations does not apply to them (Article 18 of the Federal Law of March 6, 2006 N 35-FZ “On Combating Terrorism”).

As for claims for compensation for damage caused to property as a result of a terrorist act, the statute of limitations applies in relation to them within the limitation period for bringing to justice criminal liability for committing the said crime. However, Part 5 of Article 78 of the Criminal Code of the Russian Federation establishes that persons who have committed crimes terrorist-oriented, statutes of limitations do not apply, and, therefore, the limitation period is not limited.

3. Applicable law:
- Criminal Code of the Russian Federation;
- Code of Civil Procedure of the Russian Federation;
- Federal Law dated March 6, 2006 N 35-FZ “On Combating Terrorism.”

4. Arbitrage practice:
- Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated June 22, 2012 N 35;
- Resolution of the Plenum of the Armed Forces of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation dated April 29, 2010 N 10/22;
- Resolution of the Plenum of the Armed Forces of the Russian Federation dated July 2, 2009 N 14;
- information mail Presidium of the Supreme Arbitration Court of the Russian Federation dated February 25, 2014 N 165;
- Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated December 25, 2013 N 97;
- information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 07/09/2013 N 158;
- information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 9, 2010 N 143;
- resolution of the Federal Antimonopoly Service of the Moscow District dated December 25, 2013 N F05-16202/2013 in case N A41-54093/12.

Consultations and comments from lawyers on Article 196 of the Civil Code of the Russian Federation

If you still have questions regarding Article 196 of the Civil Code of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

Civil Code of the Russian Federation:

Article 196 of the Civil Code of the Russian Federation. General limitation period

Return to contents. Civil Code of the Russian Federation Part 1 in the current version

Comments on Article 196 of the Civil Code of the Russian Federation

10 years from the date of violation of the right

According to paragraph 2 of Article 196 of the Civil Code of the Russian Federation, the limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period is established, with the exception of cases provided for by Federal Law No. 35-FZ of March 6, 2006 “On Combating Terrorism.”
The beginning of such a ten-year period, with the exception of cases provided for in paragraph 1 of Article 181 and the second paragraph of paragraph 2 of Article 200 of the Civil Code of the Russian Federation. is the day of violation of the law.
Unless otherwise expressly provided by law, for the purposes of calculating this period, the day when the person learned or should have learned about the violation of his right and who is proper defendant in a claim for the protection of this right, and the specified period cannot be restored.

See in more detail Resolution of the Plenum of the Supreme Court of the Russian Federation dated September 29, 2015 N 43 “On some issues related to the application of the provisions of the Civil Code of the Russian Federation on the limitation period”

Limitation period for claims to invalidate the terms of a loan agreement

On the application of a three-year statute of limitations to claims to invalidate the terms of a loan agreement regarding the collection of commissions by the bank, as well as claims for the return of fees paid bank commissions see article "Refund of bank commissions and statute of limitations"

Limitation period for claims from credit relations

When calculating the limitation period for claims for collection of overdue debt under a loan obligation that provides for execution in the form of periodic payments, the courts apply the general limitation period (Article 196 of the Civil Code of the Russian Federation), which is subject to calculation separately for each payment from the day when the creditor learned or owed was to find out about a violation of his rights. On demands to declare one or another condition of a loan agreement void, the courts, based on paragraph 1 of Article 181 of the Civil Code of the Russian Federation. a three-year limitation period is applied, the duration of which is calculated from the day when the execution of an insignificant part of the transaction began.

See for more details paragraph 3 of the review of judicial practice on civil cases related to the resolution of disputes regarding the fulfillment of loan obligations" (approved by the Presidium of the Supreme Court of the Russian Federation on May 22, 2013)

The emergence of creditor relations implies a limitation of the terms for repaying the loan. Debtors appear not only among banks or individuals involved in financing. Debts arise when you evade paying utility bills. The time limits for debt collection are regulated by law. To the same extent, the regulations concern the arrival of a period when funds cannot be demanded from the debtor - too much time has passed.

About the deadlines for filing a claim

There are about 40 million debtors in Russia. Of these, only 8 million people are able to service loans.

The Civil Code of the Russian Federation (Article 195) defines the limitation period as the period during which the creditor has the right to demand repayment from the borrower. If the statute of limitations for debt collection has expired, it is not possible to return the funds. For different types Debts have their own deadlines.

Legal literacy the borrower will play into his hands; it is enough to wait a certain period of time for the lender to lose the opportunity to collect. To the majority legislative norms exceptions are included in in this case implying an extension of the debt collection period.

Details about the validity period enforcement proceedings about debt collection in this article.

Limitation and non-extension of limitation periods

According to the Civil Code of the Russian Federation. Statutes of limitation are divided into general and special:

• The total period (Article 196 of the Civil Code of the Russian Federation) is no less than 3 years, no more than 10 years from the beginning of the term.
• The special statute of limitations (Article 197 of the Civil Code of the Russian Federation) invites the parties to extend or shorten the general period as necessary. Most often, special deadlines relate to urgent proceedings regarding debts on perishable goods.

Change or termination is regulated by Art. 198 Civil Code of the Russian Federation. according to which, the parties may decide to change or terminate the terms, but only by mutual agreement.

The beginning of the limitation period is indicated in Art. 200 of the Civil Code of the Russian Federation - at the moment when the creditor discovered a violation own rights(non-payment of debt), the countdown begins during which a lawsuit is filed against the debtor. After 3 years from this moment the opportunity disappears - this expired statute of limitations.

In accordance with Art. 208 Civil Code of the Russian Federation. The limitation period is not assigned for some goods or things:

• Intangible values ​​and benefits;
• Issuance of deposits by the bank to clients;
• Compensation for damage to health or material wealth;
• Violation of the rights of the owner (Article 304 of the Civil Code of the Russian Federation);
• Others, provided for by the standards law, cases.

The video discusses in detail the statute of limitations on loans

Terms in the field of lending

The loan debt collection period begins from the moment the borrower first evades payment. The lending system meets the general limitation period of 3 years. Reset of the period occurs under certain circumstances:

• The creditor sent ordered letter with the submission of demands for return in the name of the debtor.
• The borrower acknowledges the existence of debt and this is documented.
• The borrower has made a payment on the loan (even late payments or deposits of funds that do not cover total amount debt).

The limitation period is not interrupted:

• Inaction of the debtor.
• Multiple calls from the bank, even if they are recorded.
• Letters served without the debtor's signature.
• Visits and persistent conversations sought by representatives of the credit institution.
• Transfer of the loan agreement to collectors or third parties.

Sometimes it is not beneficial for the borrower to wait for the statute of limitations to expire. Banks may deliberately delay the filing of a claim in order to obtain maximum benefits from the debtor, through penalties and fines.

Debt collection after the statute of limitations has expired

Read about the debt collection service in the article: national service collection

Demanding a refund if the statute of limitations for debt collection has expired is impossible. A creditor who voluntarily misses the time allotted for filing an application with the court completely loses the opportunity to recover funds. Art. 202 of the Civil Code of the Russian Federation provides for some exceptions that allow the suspension of deadlines.
Exceptions apply only to valid reasons for absence:

• Insurmountable obstacles under which filing a claim is impossible;
• Either party is in service during martial law;
• Deferment in the fulfillment of an obligation;
• In cases established by law.

The limitation period can only be suspended for 6 months. from the expiration of 3 years. If the period is suspended before expiration, then after the suspension the claim can be filed in the remaining period of time. If the deadline has already passed, the extension is for another 6 months.
Debts to the state individuals- there is a difference
The statute of limitations for collecting debts on loans, taxes, or to individuals are different, and the rules for forcing debt repayment and penalties change.

Debt to an individual

Individuals often engage in investing or lending for a small interest rate. This is beneficial for both the lender and the borrower - money is issued faster, and interest is usually lower than in a bank.
The statute of limitations in this case is 3 years. Debts to individuals are accompanied by a number of nuances:

• It is necessary to have a correctly drawn up and notarized receipt indicating the period for repayment of the debt.
• The time to file a claim begins to count from the moment the borrower's deadline to repay the debt expires.
• No means will help to collect a debt after the statute of limitations has expired.

Debt to the state, or why taxes must be paid
Tax debt does not have a time limit for filing a claim. The tax service, upon discovery of a debt, sends a notification to the debtor. If there is no response from the latter, tax service(Articles 854 and 855 of the Civil Code of the Russian Federation) will forcibly write off the missing amount from the debtor’s account. The state will take the funds due and transfer them to the budget balance.

Debts on utility bills

Utilities have a deadline to file a claim if a debt arises according to general procedures limitation period – within 3 years. In addition, there is no possibility for utility companies to extend or suspend the deadlines for going to court. Collect debt on utility bills no later than 3 years from the date of the first missed payment deadline.

Read also: How to collect receivables

Missing the statute of limitations is tempting for debtors and a nightmare for creditors. Legal literacy will help even if you miss the deadline for filing a claim in court. For debtors trying to evade repayment of a loan, loan or payment for electricity, the sad news is that missing deadlines refers to errors in the system, rather than to the stable practice of government and financial institutions.

If you have questions regarding the timing of debt collection, ask them in the comments

Art. 196 Civil Code of the Russian Federation - Civil Code

1. The general limitation period is three years from the date determined in accordance with Article 200 of this Code.

In accordance with Federal Law No. 100-FZ dated May 7, 2013 (as amended on December 28, 2016), the ten-year period provided for in paragraph 2 of Article 196 begins to run no earlier than September 1, 2013. Persons who, before the entry into force of the Federal Law of December 28, 2016 N 499-FZ, were denied satisfaction by the court claims due to expiration specified period, has the right to appeal judicial acts in the manner and within the time limits established by arbitration and civil procedural legislation Russian Federation.

2. The limitation period cannot exceed ten years from the date of violation of the right for the protection of which this period is established, with the exception of cases established by Federal Law No. 35-FZ of March 6, 2006 “On Combating Terrorism.”

(clause 2 as amended by Federal Law dated November 2, 2013 N 302-FZ)

Publications in the press:

October 17, 2016

July 19, 2016

According to the general rule, the limitation period begins from the day when the person learned or should have learned about the violation of his right (clause 1 of Article 200 of the Civil Code of the Russian Federation, hereinafter referred to as the Civil Code of the Russian Federation). Currently, in accordance with Federal Law No. 100-FZ dated May 7, 2013, this provision is supplemented with the important phrase “and who is the proper defendant in a claim for the protection of this right.”

May 4, 2016

April 19, 2016

Features of calculating the beginning of the limitation period if harmful actions are also a crime

Discussion of the article

Questions about the article

in 2000 he was taken into custody and released 6 months later due to lack of evidence. Can I apply for compensation now?

Is there a statute of limitations on a loan?

The question relates to the city of St. Petersburg

Good evening, the debtor died, the organization of which he owed and there was a court decision or the bailiff should sue the heir again? How and where should the heir find out about the debts of the deceased? Is there a statute of limitations (the debtor died in 2013)?

Hello! In marriage, 1 apartment was given as a gift. After 1 year, 3 apartments are sold and bought (joint property). after 12 years, divorce and division of property. Is there a statute of limitations for recognition of a larger share in 3rd company on the basis of donation 1?

The question concerns the city of Orenburg

Hello, please help me with my question, explain the sequence of actions that need to be performed. The fact is that in November 2016, my young son, born in 2009. While working out at a local sports and recreation complex, I found a phone on the windowsill, TOOK IT WITH HIM AND THE NEXT DAY SMASHED IT TO PARTS TOGETHER WITH HIS CLASSMATE, scared by calls to the phone. The owner of the phone reported it to the police as missing, my son and his friend, born in 2010, were identified and removed from them an explanation, initiating a criminal case is the woman was refused due to the children’s young age, but she decided to recover material damages from me. The meeting of the State Duma was held without me, and in the ruling they made it was indicated that my son’s actions were corpus delicti, I I only got acquainted with this resolution in court when this woman filed a lawsuit against me. That is, she didn’t lose it, but my son stole it. She also demands in the lawsuit the cost of the phone and encloses receipts dated 15, that is, the phone plus the cost of the film, which, judging by according to the check it costs 1000 rubles, plus she paid for the services of some lawyer for two thousand, plus state fees and plus moral damages, in total the cost of the claim was 20,000 rubles, this is strange, she had been using the phone for more than a year at the time of the damage, it naturally is not worth that kind of money. The boy’s parents and I were refused to be called as defendants in court because my son allegedly stole the phone, AND THE FACT THE TWO OF THEM HAD BREAKED UP IS NOT INTERESTED BY ANYONE, I also asked that the child’s father be present (WE ARE DIVORCEED), on the basis of this the court hearing was postponed, also In this case, there was a meeting of the KDN where a decision was made against both parents and children, I have the following questions: is the sports and sports complex an educational institution? After all, the coach is responsible for them, who for some reason did not keep an eye on the child, how can I appeal the decision that my son is not stole and found a phone and how to reduce the cost of the claim or even oblige the institution to pay? Help with the action algorithm, there is no money for lawyers. I am raising four children alone, the father does not pay child support, and in general he is unknown where, the trial will take place on March 22. I forgot to write that the examination I asked for a phone number to evaluate and market value and the degree of wear, for some reason it is also made from my money. help.

The question relates to the city of Meleuz

I heard that new statutes of limitations have now been established. The calculation period begins in 2013 and lasts 10 years (until 2020). This moment I am entering into an inheritance and found out that in 1995 the law was unlawfully applied to my dad. (A decision was made without applying the law.) Can I challenge this decision and all subsequent actions that were based on this decision.

Dear Anastasia, hello! Your conscientiousness in answering questions is very captivating, so I decided to ask you mine. I have prepared a claim for consumer protection: I want to demand compensation for the material. And the moral damage caused illegal shutdown electricity supply to the apartment. There is: sick leave (an attack of radiculitis associated with nervous stress and an expert opinion about the failure of the computer and scanner. Can I ask you to review the claim and make a conclusion about its prospects? What is the statute of limitations for such cases? How much does it cost to “correct” the claim, receive Your consultations during the case? Thank you in advance, Andrey Aleksandrovich Vedeneev.

The question relates to the city of Moscow

Hello! It went bankrupt in 2004 Motor transport company, where I was paid compensation for health damage in the form of average earnings and care payments as a disabled person of the 1st group, who became result of an accident. The bankruptcy trustee determined the debt to me in the amount of 603 thousand rubles. They paid 250 thousand, explaining that there was no more money. 12 years have passed. Question: do I have the right to the 353 thousand rubles I have not received? Thank you.

The question relates to the city of. Afonkino, Kazan district, Tyumen region

IN budgetary institution available accounts payable since May 2012. We cannot confirm it; the company does not receive our letters with the reconciliation report and the letters are returned as not received. What needs to be done to write it off?

The question relates to the city of Murmansk

Hello! I was sued for the collection of membership fees and penalties on them for summer cottage in SNT, which I sold in June 2014, membership fee and penalties are required to be collected for the period from 2012 to 2016. Is this claim valid? Will I have to pay anything in connection with this? Thank you.

The question relates to the city of Ulan-Ude

PPT.RU - Power. Right. Taxes. Business

Article 196 of the Civil Code of the Russian Federation. General limitation period

December 11, 2016

Today, non-repayment of loans and debts is urgent problem our society. Job loss, reduction wages, illness - all this can lead to delay mandatory payments. As a result, calls from collectors and bank employees. Their voice, as a rule, is serious, persistent, and confident. However, many of them deliberately do not voice one important norm rights - limitation period (Article 196 of the Civil Code of the Russian Federation). We will try to clarify the main points in this article.

What does the general statute of limitations mean (Civil Code of the Russian Federation)

The statute of limitations (hereinafter we will use the abbreviation SID) means only one thing - the creditor has run out of time when he can legally go to court to demand repayment of the debt. This will take 3 years. After this, any threats from collectors to “sue”, “seize property”, “jail for fraud” will be just words. Fraud is generally not applicable to a debtor who took out a loan using his own documents from a bank. Unfortunately, some people don’t know this, but collectors and employees skillfully take advantage of this “horror story.”

Another thing is to sue and seize property, through bailiffs, of course. It is in order to prevent such problems that it is necessary to know the rule of law - this is Article 196 of the Civil Code of the Russian Federation. It says after what time you can legally not pay your obligations. But to do this, you first need to understand from what time you need to count three years? Let's look at this in more detail.

Read also: How to contact a judge in an arbitration court

Determination of the limitation period

Lawyers often mislead themselves and many citizens. Article 196 of the Civil Code of the Russian Federation seems to be clear, the SID is defined. However, from what point should the countdown be started? There are three different points of view among professionals:

1. From the date of expiration of the loan agreement.
2. From the day the person stopped paying his obligations.
3. From the moment when creditors tried to establish contact with the debtor ( telephone conversations, postal correspondence etc.).

Let's try to understand from the point of view of the law

So, the rules of law make it clear to us that the flow of the IDA begins from the day when the creditor learned of the violation of his right. However, there is another norm. For obligations with a due date, the period of execution begins from the moment when these obligations end. Here is the main problem in interpreting the rule of law.

Comments on the law

As we know, loan agreements have a final deadline for fulfilling obligations. Some argue that this is what the law states when defining SID. Let us remind you that general grounds is given by Article 196 of the Civil Code of the Russian Federation, and the norms currently listed are enshrined in Article 200 of the Civil Code of the Russian Federation.

Example of defining a deadline

Let's simulate a conditional situation. Ivanov took out a loan on September 10, 2016 for a period of 5 years. Stopped paying on November 15, 2016. The loan agreement determines the end of obligations. Therefore, the LED starts after it ends. IN in this example The bank has the right to file a lawsuit until September 10, 2024 (5 years contract + 3 - statute of limitations).

However, judging by the verdicts, the courts do not think so. The bank has the right to terminate the agreement early if it does not pay its obligations. This is stated in all loan agreements. Monthly payments also refer to obligations that have a term (month). This means that if a citizen did not pay his obligations on November 15, 2016, then the bank has the right to go to court ahead of schedule and return cash. Therefore, the statute of limitations is applied by the courts precisely from the moment when the citizen had to pay the next monthly amount.

Position of the Supreme Court

The same position Supreme Court. SID begins to be calculated separately for each payment. Let's return to our example. The bank filed for return of the entire loan amount on December 20, 2019. Article 196 of the Civil Code of the Russian Federation in this case legally exempts the debtor from payment. But if the bank sues for payment of the amount monthly payments, for which the deadline has not yet expired, then in this case you will have to pay the creditor through the court. The amount of the principal debt will decrease by three payments from September 2016 to December 2016, since the statute of limitations has expired. The remaining amount will have to be returned by court decision.

I talked - will I have to pay?

Of particular interest is the point of view when the limitation period is canceled when telephone conversation creditor with debtor. It is based on the alleged recognition of the right of debt by the latter, which provides grounds for interrupting the statute of limitations. After this, three years begin to be calculated anew. However, the courts do not agree with this interpretation.

If you don't know the law, pay the full amount

We would like to warn you that the court itself does not have the right to apply the statute of limitations. If the bank filed a lawsuit even after the ten-year period when the agreement should have ended, then the court is obliged to consider the claim and accept positive decision. Only the defendant’s motion to apply the statute of limitations gives the court the right to reject the creditors’ claim. This means that ignorance of just one rule of law can result in a hefty sum. As they say, ignorance of the law is no excuse.

However, there are cases when a decision is made without the participation of the debtor. He learns about them, at best, by mail. At worst, when property is seized and accounts are blocked by bailiffs.

In this case, you will need to file a motion to apply the statute of limitations when filing an appeal. To do this, you must first calculate the filing deadlines, since very often people find out about court decisions after missing all legal deadlines for appeal. The algorithm of actions will be as follows:

1. Species Definition court decision(absentee, ordinary, court order).
2. Restoration of deadlines for filing a complaint or objection.
3. Cancellation of the decision.

A complaint or objection is submitted together with an application for restoration of the deadline. Inadequate notification of the parties is usually good reason recovery.

The end of the limitation period does not release you from the debt

I would like to note that the end of the three-year period for claiming obligations through the court does not relieve you of the debt itself. That is, no one forgives the citizen. The court may continue to demand the amount of the debt. However, the following arguments must be indicated: “have a conscience”, “please give us the money”, etc. Any action that goes beyond the law can automatically turn the creditor into a criminal. The only legal forceful way to “knock out” money is only through bailiffs. However, this can only be done through trial. If the statute of limitations has passed, or with proper protection, this possibility may not exist.

Conclusion

In conclusion, I would like to say that there is no need to be professional lawyer to protect your rights. Sometimes knowing one or two laws can be very useful. Legal norm, which we examined (the statute of limitations for accounts receivable), does not require much effort to understand. However, it can save a lot of money.

Of course, debts need to be repaid. We do not call for abandoning them. However, there is various situations. Sometimes various unforeseen situations occur when the borrower is physically unable to pay. He turns to the bank to restructure the debt. Credit organisation does not immediately make concessions. And only then, when people refuse to pay, do they offer different methods.

Giving money at interest is commercial activity, which is insured. We must not forget that debt waiver is not a personal offense to the owner, it is a production cost. Claiming debts legally is one aspect of such work.

For borrowers, we say that if the bank no longer has the right to claim the debt through the court, credit history will be spoiled. There is no need to forget about this. There may be various situations in life when you may need money again, but no one will give it.

The general limitation period for a loan under an article of the Civil Code of the Russian Federation

Hello! For 2 months I have been constantly receiving calls from the 1st collection agency! I took out a loan in 2005-6. How legal were their actions? Has the statute of limitations expired? They tell me that according to the assignment agreement I have to pay! WHAT TO DO?

Lawyers' answers (4)

Good afternoon The fact is that collectors do not particularly follow the laws and the concept of a statute of limitations for them, as a rule, has no meaning. WITH legal point In our opinion, the bank, through an assignment agreement, has assigned the right of claim to yours with the bank loan agreement and the collection agency simply transferred the rights of the creditor under the loan agreement. Judicial practice proceeds from the fact that in disputes arising from credit legal relations, the claim for the protection of a violated right is accepted for consideration by the court regardless of the expiration of the statute of limitations, which is applied by the court only upon the application of a party to the dispute made before it makes a decision (Article 199 of the Civil Code RF). When calculating the limitation period for claims for collection of overdue debt under a loan obligation that provides for execution in the form of periodic payments, the courts apply the general limitation period (Article 196 of the Civil Code of the Russian Federation), which is subject to calculation separately for each payment from the day when the creditor learned or owed was to find out about a violation of his rights.

Article 196. General limitation period
1. The general limitation period is three years from the date determined in accordance with Article 200 of this Code.
Article 200. Beginning of the limitation period
1. Unless otherwise established by law, the limitation period begins from the day when the person learned or should have learned about the violation of his right and who is the proper defendant in the claim for the protection of this right.
2. For obligations with for a certain period execution, the limitation period begins at the end of the execution period.

Thus, the statute of limitations is 3 years and began from the moment the bank found out that you were not paying. Therefore, from the moment the bank found out about this, it had to go to court with statement of claim. If within 3 years he did not do this, or the collection agency did not do this, if the deadline partially fell on them, then we can safely say that the deadline was missed. And if they go to court, then declare the pass in court given period and the court will refuse to consider the application.