Court Clarifies Statute of Limitations for Civil Cases
The Provisions of the Supreme People’s Court on Several Issues Concerning Application of The Statute of Limitations System in Trial of Civil Cases brings forth 24 articles which give systemic and comprehensive regulations in regards to the general principals, calculation, interruption, suspension, effect and supplementary provisions of the statute of limitations.
Date:
October 2008
Keywords (click to search): [Litigation] [civil cases] [disputes]
By Pan Lidong and Lu Yunguang, Wang Jing & Co .
In China, the statute of limitations is two years for most debt claims and one year for claims of personal injuries, product quality disputes, rental disputes, etc. There are seven Articles with respect to the statute of limitations in the General Principles of the Civil Law of the People’s Republic of China; however, these Articles and the relevant judicial interpretations promulgated since do not provide comprehensive guidelines for interpreting the statute of limitations system. In particular, this is apparent when discussing the issue of whether the credit of financial institutions may obtain the court’s protection when the statute of limitations expires and continues to initiate fierce debate. The Provisions of the Supreme People’s Court on Several Issues Concerning Application of The Statute of Limitations System in Trial of Civil Cases (the Statute of Limitations System) took effect on September 1 2008....
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