If the performance period is not agreed, how is the limitation period calculated? Judges interpret the Civil Code: the maximum limitation period is 20 years

Jingchu Network (Hubei Daily Network) News (Correspondent Cai Liqin) "The IOU does not write a repayment period, what if the statute of limitations has expired?" On October 22, the author learned that recently, the Daye Municipal People's Court heard a private lending dispute case.

In March 2020, defendant Yin borrowed money from his friend Xu due to lack of funds for store operations, and within two months, Xu successively lent 32 loans through WeChat, Alipay, etc., totaling more than 310,000 yuan to Yin. Xu said: "At first, Yin had a better attitude, and promised me to pay the interest of the outstanding amount at a monthly interest rate of 1%, and after repaying more than 100,000 yuan, the rest was not paid." "Because the two did not agree on a repayment date, the plaintiff collected the remaining loan and interest, so the lawsuit was concluded."

"Although we have not agreed on a repayment time, I am also in a hurry to use the money now, and it is natural to repay the debt."

"I didn't say no, you want me to pay it back now, I can't come up with that much money." The focus of the dispute between the plaintiff and the defendant focused on the repayment time.

After carefully studying the facts of the case, Wu Xi, the judge in charge of the case, learned that the real reason why the plaintiff was eager to sue was that the two parties had not agreed on a repayment date, and was worried that the statute of limitations had passed, so he patiently interpreted the Civil Code to the parties. According to article 511 (4) of the Civil Code of the People's Republic of China, if the time limit for performance is unclear, the debtor may perform at any time, and the creditor may request performance at any time, but the other party shall be given the necessary preparation time.

The court's final judgment: The defendant Yin repaid the plaintiff Xu's loan of more than 210,000 yuan within 30 days from the effective date of the judgment, and if he failed to perform the obligation to pay money according to the specified time limit, he should double the interest on the debt during the delayed performance period in accordance with the provisions of the law.

On the issue of how to calculate the limitation period, Wu Xi, the judge in charge of the litigation, said that according to Article 188 of the Civil Code of the People's Republic of China, the limitation period for requesting the protection of civil rights to the people's court is three years. Where the law provides otherwise, follow those provisions.

The limitation period is calculated from the date on which the obligee knows or should have known that the right has been infringed and that the obligor has been injured. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the right has been damaged, the people's court shall not protect it, and where there are special circumstances, the people's court may decide to extend it on the basis of the right holder's application.

Source: Jingchu Network