3 years ago, Lao Chen lent Xiao Wang 10,000 yuan for a period of 1 month, during which Lao Chen urged him many times to no avail, so he had to sue the court. Xiao Wang raised a defense on the grounds that the statute of limitations had expired, would the court support Xiao Wang's claim?
- Not supported.
Article 195 of the Civil Code: In any of the following circumstances, the statute of limitations is interrupted, and the statute of limitations period shall be recalculated from the time of the interruption or the conclusion of the relevant procedures: (1) the obligee submits a request for performance to the obligor, (2) the obligor agrees to perform the obligation, and .......
The interruption of the statute of limitations refers to a legal system in which the statute of limitations period is extinguished due to the occurrence of a statutory cause during the statute of limitations, and the statute of limitations period starts to run again after the termination of the statutory cause. The purpose of the establishment of the statute of limitations system is to maintain a stable market transaction order and even social order, and to encourage and promote the timely exercise of rights by rights holders. In this case, Lao Chen repeatedly urged the arrears, indicating that the right holder actively exercised its rights, which was a statutory cause for the interruption of the statute of limitations that legally prevented the completion of the statute of limitations, so Xiao Wang's defense would not be supported by the court.
The Civil Code - an encyclopedia of social life
Broadcast Production: Guo Lan
Article source: Original Jilin News Comprehensive Broadcasting
Editors: Guo Lan, Wang Haoyi
Review: Huai Nan
Producer: Zhao Min, Zhong Xiao
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