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Publication date: 19.01.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
When going to court to protect violated rights, it is extremely important to pay attention to such a procedural feature as the limitation period.
- In general, the limitation period is the period during which a person can file a claim in court to protect his rights.
- The procedural significance of this period is that with the passage of considerable time, the procedure for collecting evidence that is necessary to substantiate one’s legal position becomes more complicated, and in some cases completely impossible.
- Of course, the expiration of the statute of limitations does not prevent going to court, but in this case, the fact that the deadlines have been missed will be a significant reason on which the plaintiff may be denied the claim, therefore it is extremely necessary to have a representative in court represented by an experienced lawyer.
Features of the limitation period:
- First, it should be noted that the current legislation establishes several types of limitation periods: general and special.
- The first type is used in most cases and is 3 years.
- As for the second type, its duration can be either longer than the general one or shorter. It also establishes an exhaustive list of claims with which a person can go to court, applying a special limitation period of one year.
- As for longer periods, we are talking about a limitation period of 4 years, and it applies in the case where the plaintiff’s demands relate to the recognition of assets as unfounded and their further recovery to the state’s income.
- In addition to defining the types of prescription, it is extremely important to understand the rules for calculating it.
The right to claim arises from the moment when a person learned, or had the opportunity to learn, the fact of a violation of his rights and about the person who violated them.
- If a certain transaction was made under the influence of violence, then the limitation period for going to court to declare such a transaction invalid will begin from the moment when the violence against the person ceased.
- In cases where there was a violation of the rights of a minor, the limitation period will begin from the moment such a person reaches the age of majority.
Particular attention is required in cases where the occurrence of certain circumstances precluded the possibility of going to court. We will talk about stopping the deadlines applied in the event of emergency or inevitable events (earthquakes, floods, hurricanes); if there is a moratorium on fulfillment of the obligation; or if the operation of the law regulating legal relations between the subjects was stopped, as well as the presence of one of the procedural parties in the ranks of the Armed Forces of Ukraine.
The period is suspended as long as the above circumstances exist.
The legislation establishes the possibility of interrupting the flow of deadlines in the presence of certain circumstances, namely: the debtor commits actions indicating his recognition of his debt, or in the case when the creditor files a claim against the debtor. If an interruption was applied, then, accordingly, the period begins anew.
The procedure for restoring a missed statute of limitations:
- In the event that the plaintiff has missed the limitation period, it is possible to restore it. First of all, the court, when deciding on renewal, will pay attention to the reasons for the omission.
- If there are grounds to believe that the reasons are valid, that is, they clearly prevented going to court, then we will talk about resuming the leaked drains.
- The current legislation does not define a list of valid reasons, so it can be argued that the valid reasons will depend on the characteristics of each specific case and will be determined at the discretion of the court.
- Based on practice, it can be noted that the reasons for absence, in order to be considered valid, must concern the person applying to the court.
- To restore the deadlines, it is necessary to draw up an appropriate statement, in which you justify the reasons for the omission and support what is described with evidence.
- Such a statement must be submitted to the court simultaneously with the claim.
Representation of interests in court by a lawyer:
Timely consultation with a lawyer will help you decide on possible ways to resolve the dispute and implement the most effective ones.
A lawyer for the court will eliminate the possibility of cases of missing the statute of limitations and will help collect evidence of a violated right on which the defense in court will be built.
If the deadlines were missed, then a lawyer in court will help justify the reasons for the missed deadline.
