12.Article eleventhPeople have the right to claim the same claim part of the claims of effectiveness, the interruption of the limitation of actions and residual claim, unless the obligee explicitly give up the rest of the creditor's right.

The provisions of this article is the same credit to pay status. However, in can be divided into debts in the creditor, the debt are independent, therefore, by one of the parties on the segmentation part of paymentThe other party is notImpact.

The same credit including the same debt installment.

No matter the principal or interest on all.

13, twelfthIf a people's court complaint orally or prosecution, the limitation of action from the submission of the complaint orally or interruption from the date of prosecution.

The legislation will "lawsuit" as the interruption of prescription legislation reason reason lies in, not the right person is indolent in exercising rights. Due to the right people to the court request, request court is effective means to.

Even if the original told the wrong court the prosecution behavior also has the effect of the interruption of the limitation of actions. Lawsuit brought here, including incidental civil litigation and administrative litigation in advance because of the mistake, also including the proceedings for right of subrogation.

However, the court shall not accept and reject the prosecution can not effect the interruption of the limitation of actions. The reason is that, as the interruption of prescription for prosecution shall refer to legal action, or not legal but sufficient to recognize the real rights of people to the real obligation claim dispute rights, can effect the interruption of the limitation of actions. Otherwise, we do not have the effect of interruption of limitation.

While temporarily inadmissible because of the special policy reasons, also has the effect of the interruption of the limitation of actions. Should be sustained interruption during temporarily inadmissible, until the court issued shall resume the acceptance notice date.

The suit after the withdrawal of the suit, as did not sue, but if the claim rights means that has reached the obligor, should recognize that the interruption of prescription. But does not reach the obligation of the people how to deal with, controversial, no unified opinion.

14, thirteenthOne of the following items, the people's court shall determine that has the same effect of interruption of prescription and lawsuit:

(a) for arbitration;

(two) for an order of payment;

(three) filed for bankruptcy, declare bankruptcy;

(four) as the right to apply for a declaration that the obligation of people missing or dead;

(five) apply for property preservation before litigation, an interim injunction against the former measures etc.;

(six) for compulsory execution;

(seven) for additional party or be notified to participate in the proceedings;

(eight) in the litigation claim an offset;

(nine) other matters the same effect of interruption of statute of limitations of the proceedings have.

 Rights are rights and obligations based on the purpose for the declaration of people dead or missing, if do not advocate the rights based on the purpose, it does not have the effect of interruption of statute of limitations.

The re calculated after interruption of limitation of action shall start from discontinuation is terminated, the interrupt matter continued over a period of time, since the expiration of the re calculated.

Property preservation before litigation even ruled lift, because the right to request the court to protect the right meaning exists, therefore has the effect of the interruption of the limitation of actions.

  15.Article fourteenthThe rights to a people's mediation committee and other legally entitled to solve civil disputes of state organs, institutions, social organizations and other social organizations to protect the civil rights litigation request, from the date of the interrupt request.

Here the "right", refers to the relevant organization must have to solve the corresponding civil rights, but not the right to request any unit can cause the interruption of prescription.

In judicial practice, the right people to the women's federations, trade unions, consumer associations, industry associations and other social organizations for protection of civil rights is common, such as the right to request the protection of civil rights in the scope of authority within the organization, has the effect of interruption of statute of limitations.

Request to withdraw controversial. But to claim means has reached the obligor, should constitute "a party requests", is the limitation of actions.

16, fifteenthThe rights of people to the public security organs, people's Procuratorate, the people's court report or accusation, requests to protect the civil rights, the limitation of action from the date of report or accusation interrupt.

 

The authorities decided not to file the case, not to prosecute, the period of limitation of action from the right person knows or should know that not filing, revoke the case or not to prosecute the date of recalculation; criminal cases in the trial stage, the period of limitation of action effect from the criminal judgment and the date of recalculation.

Here the so-called "human rights to the justice report or accusation, requests to protect the civil rights," not harsh rights must be in the criminal report clearly is the protection of civil rights is based on the report or accusation, it should be from the report or accusation behavior launched its "indicates that the request to protect the civil rights" meaning, it should be identified interruption of prescription.

The right people made in the effective judgments to know or should know the other party's request, the period of limitation of action to protect the civil right from the date of entry into force of criminal judgment.

To report or accusation, if the claim means has reached the obligor, should constitute "a party requests", so the effectiveness of limitation of actions. But do not constitute "a party requests" circumstances, can have the effect of interruption of statute of limitations, controversial.

17.Article sixteenthThe duty to make installment, part performance, provides a guaranty, request for delay in performance, making of a debt repayment plan promises or behavior, should be identified as the general principles of the civil law stipulates that the 140th party "agreed obligations."

Obligation to obligee admit obligations, the overthrow of the factual basis for the original of the limitation of action, the claims to be clear and maintain, so no need the right person to clear and maintain power through other means.

Agreed to include not only agreed to fulfill all the obligations to fulfill their obligations, including consent to perform the obligation.

People recognized the existence of the debt obligations, but that its has been satisfied, can bear no liability cases, such as the right to prove their outstanding debts, obligations that debt can lead to interruption of prescription. The answer is, interrupt.

18, seventeenthFor a joint and several creditors have effect of interruption of statute of limitations for, shall be determined to have the effect of interruption of statute of limitations on the other joint and several creditors.

 

For a joint debtors in the effect of interruption of statute of limitations for, shall be determined to have the effect of interruption of statute of limitations on the other joint debtors.

The so-called joint, is based on solidarity, for the joint and several obligation as a creditor or debtor jointly with matters, for the other joint and several creditors or debtors have the effect.

It should be said that, since Rome law, the legislation for the matters to a joint debts in whether he issues involving differences exist. But the joint liability is based on the characteristic of common purpose, although the legislation of joint and several obligation different recognition, but countries are required to meet the common objective of creditor's rights, and for matters settled or same as he has. Whether the differences are mainly concentrated in the foregoing matters outside of his problems are involved, the provisions of the interruption of the limitation of actions involving issues that belong to the.

If a debtor has matters with the limitation of actions for free he on the other joint debtors, because creditors not claim to other debtors, other joint debtors debt incurred by the period of limitation of action after, other debtors may claim the right of defense against the limitation of action without taking on debt liabilities, it will lead to bear the weight recourse debt debtor for other debtor exercise prescription counterargument right can not be protected.

A guarantor is not the same, the cosigner is non principal debtor, in the main creditors only towards the principal debtor claim not to guarantee rights cases, and cannot be presumed to ensure that the debtor claim, therefore, in accordance with the "security law" interpretation of the provisions of article thirty-sixth, joint liability guarantee, interrupt the principal debt limitation, limitation of action does not interrupt the guaranteed debt. But the right to claim from debtors, should be able to launch its advocates claim.

The principal debtor and joint guarantee related enterprises as legal representative of the legal representative of the same, in a debtor and guarantor name Dunning notice debtor column signed and stamped with official seal, not in the guarantor signed and affixed with the official seal of the collection, can identify the behavior that the per capita effect of discontinuing the limitation of action for the debtor and.

At the expiration of the period of limitation of action for the debtor to give up after, with defense litigation right does not have to him.

19, eighteenthThe creditor brings a suit of subrogation, should be identified for the creditors and the debtor's creditor's rights are effect of discontinuing the limitation of action.

 

20, nineteenthAssignment of creditor's right, the limitation of action shall be determined from the notice of assignment of rights to the debtor break date.

The debt assumption, which constitutes the original debtor's recognition of the debt, the limitation of action shall be determined from the debt burden means that interrupt arrival date of creditors.

The book argues that, by the original creditor creditor's rights transfer notice. Because of the notice of assignment of rights behavior reflects the disposition of rights of creditors, is a kind of right, the right shall be the original creditors.

Creditors to notify the debtor creditor's rights transfer, mean that it does not abandon the claim, clear and maintain the existence of claims, but in judicial practice, the notice of assignment of rights contains many claim means.

In the "debt" situation, debt transfer shall be subject to the consent of the creditor. In the process of the consent of creditors agree, regardless of the original debtor and new debt per capita to confirm the debt, agreed to fulfill the debt, it shall be determined in the meaning to human rights, limitation of actions.

The debtor with debt and creditors signed agreement, the debtor does not know, whether the debt burden behavior for the debtor's debt effect of discontinuing the limitation of action. Author, does not have the effect of interruption of statute of limitations. I agree with this view, otherwise, malicious debtor join, the limitation of action exist forever.

Due to the signing of the debt agreement does not necessarily constitute the original debtor acknowledges the debt, so the 2 paragraph, debts, which constitutes the original debtor's recognition of the debt, the period of limitation of action from the debt burden means that interrupt arrival date of creditors.

Understand the second paragraph, should pay attention to, only in the form of the original debtor's recognition of the debt, to determine the effect of the interruption of the limitation of actions between the original and the original debtor creditor.

In case the debtor creditor's rights transfer, whether the new creditors claim that the original debt limitation of counterplea. I think this is a can of course, otherwise, in practice, the limitation of action will never disappear.

21, TwentiethAny of the following circumstances, should be identified as the general principles of the civil law the 139th regulation "other obstacles," litigation limitation suspension:

(a) the right infringed without person of civil action competence, person with limited capacity for civil conduct no statutory agent or legal representative, loss, death, loss of capacity of agent right;

(two) after the opening of succession successor has not been determined or heritage management;

(three) the right people are obligations or other control can not claim rights;

(four) other causes of human rights cannot claim the objective situation.

Statutory limitation suspension for objective reasons, often is the subjective will beyond the control of the matter.

Generally speaking, in the criminal procedure process, although the right people are adopting criminal compulsory measures under such circumstances, so but can entrust agents claim rights, should not be identified, the reasons for suspension of limitation of action.

Creditors by the project group to take over, cannot claim rights, litigation limitation suspension.

22, twenty-firstThe expiration of the period of limitation of action of main debt, the guarantor has a statute of limitations as the primary debtor counterargument right.

The guarantor fails to assert the litigation right of defense, assume responsibility towards the principal debtor to exercise the right of recourse, the people's court shall not support, unless the principal obligor agrees to pay.

That man has made defense of limitation of action in the principal debtor the right, can refuse to perform the principal debt situation, but because of the limitation of action the causelessness management behavior causes the main debt is activated, the principal debtor must perform the debt, which does not belong to the principal debtor favorable behavior. Therefore, it asked the managers pay part of the cost management claim should not be supported. In addition, the agency says, beyond the scope of authorization to engage in legal behavior of their burden.

Of course, from the private liberal point of view, the assumption of debt, but also his freedom.

23, twenty-secondUpon expiration of the period of limitation of action, the direction of the other party intention to consent to perform the obligation or voluntary obligations, but also to the expiration of the period of limitation of action on the grounds of defense, the people's court shall not support.

Interest of litigation prescription after giving up, as long as they have the unilateral obligations that can be set up, does not require the parties to reach an agreement, but not the obligation of actual obligation as necessary.

Because the obligor admit debt has (does not contain agrees to perform mean), effect of discontinuing the limitation of action will give great unfair obligation. Such as the statement of assets and liabilities in debt limitation to release the situation.

Obligations to notify single sign or seal on the debt collection, can only receive payment instruments and agrees to perform the period of limitation of action has been debt two kinds of understanding, so the Supreme Court judicial interpretation [1999] 7 replied cannot extend.

Over a period of limitation of action, the written consent of all the debt, but only agreed to pay part of the debt. The author thinks, should be identified the debtor to give up part of the claims litigation right of defense.

The promise once made that has come into effect, the duty unilateral bearing period if the performance limitation has been the debt back, the court should not support.

Ensure that the expiration of the period of limitation of action to provide guarantee for debts, the court to assume responsibility for security, does not violate its true meaning, also did not aggravate the guarantee, the limitation of action to the expiration of the period of the plea, the court shall not support.

Voluntary implementation of the period of limitation of action of debt, people the right to require the obligor to perform all the debts, the court should be treated differently, give up defense litigation right in the obligor implied by behavior under the circumstances, unless the other evidence to proof obligations during abandon all the statute of limitations has expired debt litigation right of defense,, not only on the basis of the obligations of the partial discharge behavior cognizance give up its debts litigation right of defense, and can only be identified only to give up part of the debt limitation of counterplea.

Generally speaking, the following situations can be identified as the obligor does not agree that perform the obligation of meaning: compulsory although the people in the collection of the signature or seal, but also clearly stated, it does not endorse the debt, it will not agree to fulfill the debt, the signature or seal only on receipt of the notice. Should also be noted that, if only relevant personnel duty sign in email documents on the envelope, and the envelope does not indicate the collection claims content, should not determine the sign that obligation people give up litigation right of defense.

In the warranty period to ensure the collection, the limitation of action begins when the debt. The guarantee period for the scheduled period, if the collection behavior occurred at the expiration of the guarantee period, to ensure the responsibility to destroy, guarantor assumes no responsibility.

During the more debt a debt have limitation, the debtor to fulfill one pen, but did not say what the pen, in this case, for the protection of the interests of creditors, that perform is the period of limitation of action has been in debt.

24, twenty-thirdAfter the implementation of the provisions, the case is still in the first or second instance, applicable this regulation; prior to the enforcement of these provisions has been the case, the people's court for a retrial, the provisions do not apply.

In this article are understood, should grasp a basic problem, namely, the judicial interpretation have retroactive effect, should be implemented in its interpretation of the law retroactive to the date of.

Exceptions to the law of non retroactivity of the:

One is by exception, refers to the old law has not stipulated the new rules under the new law, make up the existing legislation blank.

Two is the persistent exception, refers to the dispute continued persistent legal act, and the juristic act after the implementation of new regulations should be applicable to, the new law.

Three is lenient exception, is when the law stipulates that a civil legal act effectively and the old law is invalid, the retroactivity.

25, twenty-fourthPrior to the implementation of the provisions of the relevant judicial interpretation made by conflict with these Provisions, these Provisions shall prevail.