Debt repayment is moral, however, is debt recovery possible all the time?
Non-also, non-also, non-also.
Friends and friends borrowed, the amount of 5,000 yuan, after 16 years of non-repayment, now willing to repay only 1,000 yuan, the court ruled: beyond the statute of limitations, only need to repay 1,000 yuan.
Case 1: Retrospective.
On January 1, 2008, Duan issued an IOU of 5,000 yuan to Li, agreeing on the interest and repayment period.
Because Duan did not return it, Li sued Duan in court in 2023 and demanded repayment. Duan argued that he had borrowed money for more than 16 years, and coupled with his old friendship, he was only willing to pay 1,000 yuan.
Outcome of the trial. After the trial, the loan between the plaintiff Li and the defendant Duan had a clear repayment period, Duan failed to repay it as scheduled, and Li knew that his rights and interests were damaged. The statute of limitations for litigation is three years, counting from the expiration of the loan period, and Li failed to prove that he had called for the loan during the limitation period, or that the statute of limitations had been interrupted, suspended, or extended, and the statute of limitations had ended on June 30, 2011. Therefore, the court ruled that Duan only needed to repay 1,000 yuan.
Case 2: Retrospective.
Miao once lent 20,000 yuan to a factory and agreed on interest. On June 14, 1998, the factory issued a receipt of 30,080 yuan, and after the factory was restructured, the debt was transferred to Company A, which was not returned, and Miao sued the court in 2023 to demand repayment. Company A has defended the statute of limitations of more than 20 years.
Outcome of the trial. The defendant, Company A, assumed the debts of the original factory and was liable for repayment. However, Company A defended that the statute of limitations had exceeded 20 years, and after trial, it was confirmed that the civil rights had exceeded 20 years.
Judge reminds. Debt repayment is a matter of course", but the law restricts this. If the debt is not repaid, the creditor needs to collect it in time. After the statute of limitations has expired, the debtor can defend that the statute of limitations has expired, and the court will uphold it.
Therefore, the judge once again reminded that the right should be actively exercised so as not to expire.
Legal trivia
The statute of limitations is generally a few years
Article 188 of the Civil Code of the People's Republic of China stipulates that the statute of limitations period is three years, which may be extended under special circumstances.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor.
How to avoid the statute of limitations?
The statute of limitations may be interrupted, after which the statute of limitations shall start running again. Outage scenarios include:
1.The obligee submits a request for performance to the obligor;
2.The obligor agrees to perform the obligation;
3.The right holder files a lawsuit or applies for arbitration;
4.Other circumstances that have the same effect as filing a lawsuit or applying for arbitration.
Note, however, that although the statute of limitations can be interrupted, there is still a maximum limit of 20 years.
What are the legal consequences if the statute of limitations has passed?
Article 192 of the Civil Code of the People's Republic of China stipulates that if the limitation period expires, the obligor may raise a defense of non-performance of the obligation.
After the expiration of the statute of limitations, if the obligor agrees to perform, it must not be defended on the grounds that the statute of limitations has expired;Where the obligor has already voluntarily performed, they must not request return. AI assistant creation season