" civil code general principles " the 188th regulation: "The lawsuit that requests to protect civil rights to people court is 3 years during effectiveness for a given period of time. " know from obligee namely or ought to know the right to be damaged and the computation since the day of obligor, if be inside 3 years to lodge a complaint, if exceed 3 years,the court will protect its right; , the court gives no longer protection. In short, expire namely become invalid. This regulation is right for loan, likewise applicable.
If one not careful exceeded litigant effectiveness for a given period of time, receipt for a loan expired, how to do? Below 3 kinds of methods, the receipt for a loan that can allow you " bring the dying back to life " .
1, let borrower make clear be willing to continue reimbursement
Case: Loan of Li Mou Mr Ceng Xiangyang 50 thousand yuan. Because Mr Yang did not put this on the heart all the time, and Li Mou also did not allude, when the receipt for a loan that so that become Mr Yang to arranged a book to discover Li Mou accidentally on January 7, 2018,issues, had exceeded reimbursement time 3 years. Mr Yang calls up Li Mou then, let him mention expressly on receipt for a loan: "Agree to be paid off inside two months " . After the event, li Mou with receipt for a loan " expire become invalid " for go back on one's word, but the litigant request that forensic court decision supported Mr Yang however.
Comment on: Forensic court decision is not had undeserved.
" top people court about hearing civil case system of applicable lawsuit effectiveness for a given period of time the regulation of a certain number of problems " the 22nd regulation: During litigant effectiveness for a given period of time at the expiration of one's term of office, after party one party makes the meaning that agrees to fulfil obligation express to perhaps fulfil obligation of one's own accord to the the opposing party, with litigant effectiveness for a given period of time during counterplea undertakes for at the expiration of one's term of office, people court does not grant to support.
In this case, what adding content on receipt for a loan because of Li Mou, belong to " the meaning that agrees to fulfil obligation expresses " , also had no right naturally to go back on one's word.
2, let borrower sign on the requisition that urge a fund
Case: Zhong Mou Xiang Wangxian lays borrow or lend money 100 thousand yuan hind, outer all the time work. Mr Wang cannot be asked for to its consequently. On Feburary 13, 2018, mr Wang discovers long-unseen Zhong Mou has come home accidentally the Spring Festival, and receipt for a loan is hard to find temporarily again, wrote Zhong Mou of a requirement to pay off the announcement of 100 thousand yuan of loan in a month, let Zhong Mou sign a name. A month expires clock some still not keep a promise, mr Wang mentioned then lawsuit. Beyond of Zhong Mou expect is, court not because " expire become invalid " and the request that rejects Mr Wang.
Comment on: Zhong Mou ought to pay off.
" top people court about exceeding lawsuit borrower is urging a fund during effectiveness for a given period of time sign on requisition or the give an official of the legal effectiveness problem of affix one's seal " middle finger goes out: To exceeding litigant effectiveness for a given period of time during, creditor is given out to borrower urge receive period loan requisition, debtor signs on this requisition or of affix one's seal, what ought to count pair of original debt is new affirm, law of merit of relationship of debt of this creditor's rights is protected. To it corresponding, already was in view of Zhong Mou on the announcement urging a fund of Mr Wang autograph, still need naturally to carry duty.
3, let borrower issue written consult opinion
Case: On March 11, 2018, ms. Qiu is in when dining together with the friend, encounter the Zhao Mou that did not meet nearly 5 years accidentally, and Zhao Mou is defaulted she 150 thousand yuan of loan already exceeded 4 years. After Ms. Qiu tells a friend the circumstance, the friend sent word to Zhao Mou. That evening, did Zhao Mou send: of short message of a mobile phone to Ms. Qiu? ?5 is paid off 10 thousand yuan inside a month, are 20 ‰ led to pay accrual to you can be denied by monthly interest since the day from debt? Ms. Qiu replies at once agree. Can be based on again after Zhao something " expire become invalid " and refuse payment.
Comment on: Zhao Mou has no right contradict oneself.
" top people court about exceeding litigant effectiveness for a given period of time during hind the answer of the ask for instructions that debtor gives out the behavior that the ask evidence that acknowledges debt cases to whether constitute new debt to creditor " middle finger goes out: To debtor at hind of at the expiration of one's term of office is active during litigant effectiveness for a given period of time give out ask card case to check the legal consequence problem of behavior of loan principal and interest can consult to creditor " top people court about exceeding lawsuit borrower is urging a fund during effectiveness for a given period of time sign on requisition or the legal effectiveness of affix one's seal. According to afore-mentioned regulations, of Zhao Mou lift be equal at affirming reimbursement is compulsory afresh, the creditor's rights of reason Ms. Qiu is protected by law.
Origin China woman signs up for author Judge Liao Chunmei
