Interpretation on Several Issues Regarding the Application of the "People's Republic of China General Provisions of the Civil Law" System of Statutes of Limitations for Litigation

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Promulgation Date: 2018-7-18
Title:The Supreme People's Court's Interpretation on Several Issues Regarding the Application of the "People's Republic of China General Provisions of the Civil Law" System of Statutes of Limitations for Litigation
[Document Number]FaShi (2018) No. 12
Expiration date: 
Promulgating Entities:Supreme People's Court
Source of text: Supreme People's Court Bulletin 2018/7/19 page 3

This Interpretation is drafted so as to correctly apply the provisions of the “General Provisions of the Civil Law of the People's Republic of China” on the system of statutes of limitations for litigation, to protect the lawful rights and interests of parties, and to summarize trial practice.

Article 1: Where the statute of limitations for litigation began to be calculated after the General Provisions of the Civil Law took effect, the provisions of article 188 of the General Principles of Civil Law on statutes of limitations shall be applied. Where parties call for applying the provisions of the General Principles of Civil Law regarding 2 or 1 year periods for statutes of limitations on proceedings, the people's courts are not to support it.

Article 2: Where on the date on which the General Provisions of the Civil Law took effect, the 2 or 1 year statute of limitations provided for in the General Principles of Civil Law was not yet completed, and parties call for application of the 3 year statute of limitations for litigation provided for in the General Provisions of Civil Law, the people's courts should support it.

Article 3: Where prior to the General Provisions of Civil Law taking effect, the 2 or 1 year statute of limitations for litigation was already completed, and parties call for applying the 3 year time period provided for in the General Provisions of the Civil Law, the people's courts are not to support it.

Article 4: Where after the General Provisions of the Civil Law took effect, the reason for a suspension of the statute of limitations had not yet dissipated, the provisions of the General Provisions of the Civil Law on for statutes of limitations on litigation shall be applied.

Article 5: This interpretation is to take effect beginning July 23, 2018.

After this Interpretation takes effect, where a case is in the first or second instance trial phase, apply this Interpretation; where after a final judgment was made prior to this Interpretation taking effect, do not apply this interpretation in cases where parties apply for retrial or in retrials under the case supervision procedures.

 

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