The statute of limitations is a cliché, so why is the statute of limitations so important? Because the statute of limitations represents the time when we can protect our rights and interests, everyone thinks about it, every day is happening all kinds of things, if you want to fight a lawsuit, what is the most important? evidence!
And the evidence is the easiest to fade with time, the longer a matter is separated, the more difficult it is to obtain evidence, the more inconsistency between the payment and the gain, so China has such a statute of limitations.
If the right holder makes a request within the limitation period prescribed by law, the court shall compel the obligor to perform the obligations it has undertaken. However, after the expiration of the statutory limitation period, if the right holder exercises the right to claim, the court will no longer protect the rights and interests of the right holder. For example, if the debtor has not repaid the money after the deadline, the creditor has not claimed his rights and interests, waiting for the debtor's own "conscience discovery", and after the statute of limitations has passed, it is found that he will not return the debt without litigation At this time, it is too late to claim his rights and interests!
Don't think that the statute of limitations is very long, if the parties do not have a special agreement, or when there is no interruption of the statute of limitations, the statute of limitations is actually not long. According to article 188 of the current General Provisions of the Civil Law of China, the limitation period for requesting the protection of civil rights to the people's court is three years;
Although there is a statute of limitations according to the law, it does not mean that once three years have passed after an incident has occurred, there is no way to seek help, for example, the following claims do not apply to the provisions of the statute of limitations, that is, they are not limited by the limitation period, and the court should accept any lawsuit.
1. Request to stop the infringement, remove the obstacle and eliminate the danger;
2. The obligee of the right to immovable property and the registered right in movable property requests the return of the property;
3. Requesting payment of maintenance, alimony or alimony;
4. Other claims that do not apply to the statute of limitations stipulated by law, and other claims provided for by law, such as the right to pure identity, are not subject to the limitation period.
For example, the right to terminate an adoption relationship is a claim of identity, and it cannot be said that those who do not request to terminate the adoption relationship within three years from the date of knowledge of the existence of the adoption relationship will never be accepted. Because the right to identity is not a damage to rights and interests, it is natural that there is no statute of limitations without calculating the time point of damage to rights and interests. Of course, everyone should still pay attention to the fact that when their rights and interests are damaged, even if they advocate their rights and interests, do not delay and delay it and expire!