Teaches law at one of the universities and writes about legal issues that concern us all.
You have just submitted a new article, you can find out more interesting things about obsolescence. Is it true that the claim lapses after the expiry of the limitation period? Is it really enough to send a recommended letter every five years? What is the concept of break and rest? What do you need to do if a company wants to recover an expired claim?
A slightly lighter post follows
One he cited a lot, but mostly knew about the phenomenon of obsolescence. Otherwise, please write in the comments if you would like to read about something – I am not sure I think it is important / interesting to you. The following article is likely to be about consumer rights.
This writing is for information purposes only and is not exhaustive. It is not legal advice, nor can it replace it. That is, if you find 10 to 15 things that you would have written down, it is good to include them in a comment because everyone can learn from them, but please keep in mind that this is a general educational post. Thank you for handling the writing.
Time barring is a legal vehicle for traffic safety, without which one would come forward with a claim that we have not repaid for 25 years and claim interest. Limitation is intended to prevent this: a statute of limitations cannot be used to enforce the state’s power to recover a debt.
The most important thing about statute of limitations is that statute of limitations does NOT terminate the claim. They simply cannot be enforced by a judge if the debtor invokes it. However, if the debtor does not plead, enforcement can be sought and the voluntary payment of a claim that has been paid but which has expired may not be reclaimed.
Most claims have a limitation period of 5 years
These five years begin with the due date (ie the date when they should have been paid / due). If five years have passed, we will most likely be unable to enforce our claim. There are two things that shade this: interruption and rest.
In the event of an interruption, the limitation period shall start again from the beginning, not counting the time elapsed. That is, if I interrupt the limitation period in the 4th year, the five years will resume, so there will be a total of 9 years between the due date and the limitation period. The limitation period is interrupted by: recognition of the debtor’s debt, modification of the debt (settlement), enforcement in court (notary) proceedings in case of a substantive decision (ie not disputing the claim without issuing a summons, etc.), claim filing for bankruptcy.
However, once the matter has been finally settled, only the modification of the debt or the enforcement action will interrupt the limitation period. Fortunately, judicial practice has a rather broad interpretation of the concept of enforcement action, so that, if we look at it, it is barely outdated in enforcement cases.
A change from the old Civil Code is that the written notice no longer interrupts the limitation period. This applies only to claims that arose after March 15, 2014.
The other thing that shades the obsolescence is rest
If someone is not in a position to enforce a claim, it would be unfair to them to be excluded from enforcement. Therefore, if someone has been unable to assert their claim, they can do so within 1 year of the end of the extraordinary circumstance (if the limitation period is 1 year or less than 1 year, then 3 months). The circumstance giving rise to the rest must be serious: unaware of the claim, lying unconscious in hospital, etc.
The limitation period is not taken into account by the court or the notary of its own motion, but must be referred to. This is possible in the proof process, here the creditor can prove that, even if paper has expired, there has been a period of rest or interruption. It is important that limitation can only be invoked in the evidential process: if we fail to do so (because, for example, we discard the order for payment, it is time-barred), then we will only get away with enforcement if we can reopen the probation procedure. and your options are very limited.