The current statute of limitations is a very important issue when dealing with most disputes. If the statute of limitations expires, is there a way to file a lawsuit? This is a question that is asked a lot when it comes to the statute of limitations for lawsuits. Here are some of our analyzes on the matter:
According to the provisions of Clause 3, Article 150 of the 2015 Civil Code, “The statute of limitations for initiating a lawsuit is the time limit within which the subject is entitled to initiate a lawsuit to request the Court to settle the civil case to protect the infringed lawful rights and interests. ; if such time limit expires, the right to initiate a lawsuit shall be lost”. It can be seen that the statute of limitations for initiating a lawsuit is the time prescribed by law, which the subjects are obligated to comply with. Rights holders must proactively request the Court to protect their infringed lawful rights and interests within the time limit prescribed by law. At the end of this time limit, the subject loses the right to initiate a lawsuit.
According to Vietnamese law, depending on the type of case and the legal relationship of the dispute, there will be different statute of limitations for initiating a lawsuit. In addition to the provisions of the Civil Code 2015, the statute of limitations for initiating lawsuits is also prescribed in a number of specialized laws such as the Labor Code, Commercial Law, Commercial Arbitration Law, Railway Law, Insurance Business Law, etc. ….For example: In a contract dispute, the statute of limitations for initiating a lawsuit will be 3 years according to Article 429 of the 2015 Civil Code; Commercial dispute is 02 years according to Article 319 of Commercial Law 2005; individual labor disputes are 01 year according to Clause 2, Article 190 of the Labor Code 2019; Dispute The insurance contract is for 3 years according to Article 30 of the Law on Insurance Business;… Thus, in order to properly determine the statute of limitations for initiating a lawsuit, it is required to determine the legal relationship of the dispute corresponding to the type of time period. in which legal documents to initiate lawsuits.
So the question is “If the statute of limitations expires, is there any way to initiate a lawsuit? When comparing with the provisions of law and the statute of limitations for requesting the settlement of a civil case has expired, according to the provisions of the Civil Code in order to avoid some risks when initiating a lawsuit, the obligee needs to re-establish the the statute of limitations for initiating a lawsuit before filing a lawsuit is also known as the restoration of the statute of limitations for initiating a lawsuit.
Restoration of the statute of limitations for initiating a lawsuit can be understood as restoring the legal effect back in time after the statute of limitations for initiating a lawsuit has ended as provided for by law. This is done in accordance with Article 157 of the Civil Code 2015 The right to sue can be restored in one of the following cases:
The obligor has admitted part or all of its obligations to the petitioner;
The obligor admits or partially fulfills its obligations towards the petitioner;
The parties have reconciled themselves.
Note, the statute of limitations for initiating a civil lawsuit begins again from the day following the date of the occurrence of the event mentioned above.
In fact, there are many ways to reinstate the statute of limitations depending on the type of dispute. For example, in a dispute about a debt, the statute of limitations for initiating a lawsuit is recalculated from the beginning since the parties have a record of debt re-confirmation; In case of a dispute over a breach of contract, the statute of limitations for initiating a lawsuit shall be recalculated from the time the breaching party acknowledges the breach in writing.
Law firm DHP.
