Why to say a kind to litigant effectiveness for a given period of time is " shameless " system. You think, others owes your brushstroke money, litigant effectiveness for a given period of time passed, he need not be returned unexpectedly!
Be in debt the perfectly justified that return money ah, why law should install this kind to violate ethics the system of sincere letter, and call it by a good name of " law does not protect the person that sleeps on influence " .
Consider to show, in the developed country, the debtor of 90% calculated litigant effectiveness for a given period of time to pass, they also won't reject reimbursement. Because they have the system signing a letter that develop, litigant effectiveness for a given period of time crossed you to be not returned, that meeting affects your credence badly! Others knows, your this individual does not have sincere letter! You are mixed very hard in the society!
And be in China, especially economy is stagnant now, the case that litigant effectiveness for a given period of time passed, everybody TM fall out does not know a person! Basic it is the counter that litigant effectiveness for a given period of time passed, begin act shamelessly not to return money! The author feels deeply to should make a system, the person that spent litigant effectiveness for a given period of time not to return money is common show come out, want credit or want to return money, let him himself choose!
Accordingly, to oneself creditor's rights, the management of litigant effectiveness for a given period of time is very fundamental, the enterprise needs to have audit of creditor's rights debt regularly, to the creditor's rights that litigant effectiveness for a given period of time crosses quickly, want to adopt measure to lengthen, the creditor's rights that litigant effectiveness for a given period of time crossed, want method remedies! (dilatancy of later development detailed)
It is OK that I want to abandon my creditor's rights abandon my creditor's rights, cannot sleep on the right however?
Consult classical schoolbook, to litigant effectiveness for a given period of time existence rationality exists as follows to explain:
(1) supervise and urge obligee is seasonable exercise right. If obligee is no good for a long time,make the right, legal state of the society and factual condition are not accorded with for a long time, new one's social connections is difficult build and decide, of belongings use and be on the move to also can sell at a discount greatly, you do not go up to your right heart, law is right also you do not go up heart!
(2) it is difficult to avoid obligor quote. After obligor fulfils obligation, if obligee asks obligor is fulfilled again, obligor needs to prove he has been fulfilled right now. If ask obligor passed a lot of years to still save the evidence that has fulfilled, almost impossible to obligor. System of litigant effectiveness for a given period of time can become the function that supersedes evidence right now: If litigant effectiveness for a given period of time passed, although obligor evidence has been eliminated, also but the contradictory authority of cite lawsuit effectiveness for a given period of time undertakes counterplea.
(3) reduce forensic burden. On one hand, the case that litigant effectiveness for a given period of time passed often passes a lot of years, evidence is bad to affirm, quote is very difficult also, the case is really false judge hard. Litigant effectiveness for a given period of time solved a few difficult problem of the court on certain level.
(4) stable society order, safeguard a society public interest. Obligee is no good for a long time make the right, will bring about right pole to be not stabilized, make not only socially decided the 3rd person's reasonable to generation of condition of this kind of fact reliance, arrange oneself plan with this, have civil contact with party accordingly. If obligee allows when to be awaited,can hold the right, social order will be affected, trade safety will be ensured hard.
So, litigant effectiveness for a given period of time passed, what result can you produce?
The first, if you go,the court is sued, the court must be accepted.
The 2nd, if the other side says to the judge, litigant effectiveness for a given period of time passed, the court looks, passed really, so this lawsuit need not be hit, the law case court that litigant effectiveness for a given period of time crossed no matter!
The 4th, if the other side did not say litigant effectiveness for a given period of time passed, court cannot the provision that effectiveness for a given period of time of active and applicable lawsuit passed, can support you, you won the lawsuit, litigant effectiveness for a given period of time grows executive effectiveness for a given period of time,
The 5th, if the other side has returned money, regret again, the court does not allow him to go back on one's word!
Litigant effectiveness for a given period of time was gotten on for, how to lengthen?
In practice, a lot of people are average in the idea, litigant effectiveness for a given period of time was gotten on for, sign new receipt for a loan afresh, rip off of old receipt for a loan, although this also is a kind of means, but another decided risk. Because folk is leasehold medium, besides receipt for a loan, still need to turn Zhang record serves as evidence, and new signed receipt for a loan, go up in time and turn Zhang record is opposite on.
At present fortunately a lot of courts agree with this kind of practice of folk quite, general previously turn to Zhang is recorded or can serve as evidence, but if there still is many economic contact between both sides, that very it's hard to say is clear, cause dispute easily.
Accordingly, if be individual liabilities, litigant effectiveness for a given period of time was gotten on for, can take a few kinds of following step:
The first, undertake the paragraph demands repayment urging, withhold corresponding written testimony. For instance short message, chatting record, recording, want to be able to prove you are in all the time only view right, so litigant effectiveness for a given period of time all the time recount, remember wanting to have written! Oral court does not admit!
The 2nd, compare normative practice, mail through postal EMS the case that urge a fund. Mention expressly sender, addressee, mail content is the case that urge a fund, increase 3 fund, postal can return the receipt of sign after receiving sth of the other side, want you to take this piece of receipt only, litigant effectiveness for a given period of time with respect to the time recount from receipt 3 years! Litigant effectiveness for a given period of time was gotten on for, reappearance, recount 3 years.
If litigant effectiveness for a given period of time passed, how to remedy?
The first, talk things over with the other side, sign reimbursement plan. Such, litigant effectiveness for a given period of time anew consideration begins afresh after reimbursement deadline arrived.
The 2nd, be opposite afresh with debtor Zhang. Be opposite carry in Zhang bright, end when, the other side still owes you how many money. To Zhang in best also can agree reimbursement deadline, or acceptance of the other side should return money, it is otherwise in practice open to question, some courts think, did not state the other side to agree with reimbursement, the other side still can advocate litigant effectiveness for a given period of time already was passed.
The 3rd, play emotional card, revulsive the other side expresses to agree with reimbursement. Hand-in-hand travel recording perhaps signs memorandum, establish written pledge to wait a moment. Want the other side to agree with reimbursement only, that quits litigant effectiveness for a given period of time on behalf of him, recount of litigant effectiveness for a given period of time.
Anyhow, should rely on the other side at present in China active reimbursement is very difficult, if had been defaulted very
Long debt, take step in time, avoid course of litigant effectiveness for a given period of time, solve through litigant way, ability calls in money as soon as possible! It is receipt for a loan not merely, to business contract payment for goods urge close, applicable!
