Case new perspective · Changji | Can the court be supported 10 years ago?

Zhao Lili (second from left) is communicating with the parties on the case. Correspondent Li Qiaosi Photo

01

Retrospective

From March 2012, Wang Mou, an individual operator of Changji City, sold various types of vegetable seeds to Lumou, with a total value of 100,000 yuan. Due to the debt between the two parties, Lu Mou suggested that the payment to discount the debt, but this proposal was put on hold, and the payment time of 100,000 yuan was not agreed.

In January of this year, Wang asked Lu Mou to the Changji City People's Court, asking him to pay 100,000 yuan in payment and related interest losses caused by overdue.

Can the debt 10 years ago still come back?

02

Judgment result

Changji City People's Court ruled that Lu Mou paid Wang Mou's payment of 100,000 yuan and overdue payment loss. Lu Mou appealed to the Changji Intermediate People's Court on the grounds of the lawsuit of the case for more than three years.

In the case of a sales contract dispute, in the case of simply overdue payment, if the payment time is not clearly agreed and the parties cannot re -renew the payment time after the affairs of the parties, the creditor has the right to claim the debtor Lu Mou at any time. The time of the lawsuit began to calculate from the urging of Lu Mou.

In the end, the second trial maintained the original judgment.

03

Law link

"People's Republic of China"

Article 188 stipulates that the period of litigation of civil rights from the people's court is three years. If the law has other provisions, in accordance with its regulations.

During the limitation period of litigation, the right person knows or should know that the rights are damaged and the obligations are calculated. If the law has other provisions, in accordance with its regulations. However, if the rights of rights have been damaged for more than 20 years, the people's courts will not be protected and have special circumstances, the people's court may be extended according to the application of the right holder.

Judge remind

According to Zhao Lili, director of the Judgment Management Office of Changji Prefecture, the time limit for litigation refers to the legal system that the right holder does not exercise his rights during the legal period, and he disables the people's court to protect his civil rights in accordance with the law. The essence of the time limit system of litigation is to urge the right holders to exercise their rights in a timely manner, protect the legitimate rights and interests of the parties fairly, and safeguard the stability of social order.

"Everyone must pay attention to the timeliness of the lawsuit, and correctly understand the relevant provisions of the civil code on the timeliness of the lawsuit to better protect her legitimate rights and interests." Zhao Lili reminded that when signing a contract Credit rights are in a state of unstable state.

Source: Pomegranate/Xinjiang Daily

Correspondent: Zhao Lili, Li Qiaosi

Edit: Li Ruiqi Senbaiti

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