Chapter IX
STATUTE OF LIMITATIONS
Article 154.- Statute of limitations
A statute of limitations is a time limit specified by law upon the expiration of which a subject may enjoy civil rights, be released from civil obligations or lose the right to initiate a civil lawsuit or the right to request the settlement of civil matters.
Article 155.- Types of statute of limitations
1. The statute of limitations for enjoying civil rights is the time limit upon the expiration of which the subject shall enjoy civil rights.
2. The statute of limitations for release from civil obligations is the time limit upon the expiration of which the person with the civil obligations shall be released from performing such obligations.
3. The statute of limitations for initiating a lawsuit is the time limit within which a subject shall have the right to initiate a lawsuit in order to request a Court to settle a civil case for the protection of legitimate rights and interests which are infringed upon; after such time limit expires, the right to initiate a lawsuit shall be lost.
4. The statute of limitations for requesting a civil matter is the time limit within which a subject shall have the right to request a Court to settle a civil matter for the protection of legitimate rights and interests of individuals, agencies or organizations, public interests, or the State's interests; after such time limit expires, the requesting right shall be lost.
Article 156.- Method of calculating a statute of limitations
A statute of limitations shall be calculated from the point of time which begins the first day of the statute of limitations and shall end at the point of time which ends the last day of the statute of limitations.
Article 157.- Effectiveness of the statute of limitations for enjoyment of civil rights and for release from civil obligations
1. Where it is provided for by law that a subject may enjoy civil rights or be released from civil obligations under the statute of limitations, such enjoyment of civil rights or release from civil obligations shall take effect only after the statute of limitations ends.
2. The statute of limitations for enjoyment of civil rights shall not be applicable in the following cases:
a/ The possession of property under state ownership without legal bases;
b/ The enjoyment of personal rights which are not associated with property.
3. The statute of limitations for release from civil obligations shall not be applicable to the performance of civil obligations towards the State, unless otherwise provided for by law.
Article 158.- Continuity of the statute of limitations for enjoyment of civil rights or for release from civil obligations
1. The statute of limitations for enjoyment of civil rights or for release from civil obligations shall be continuous from its beginning to its expiration; if there is an event which causes an interruption, the statute of limitations must be re-calculated ab initio, after the event which caused the interruption terminates.
2. The statute of limitations for enjoyment of civil rights or for release from civil obligations shall be interrupted upon the occurrence of one of the following events:
a/ There is a resolution from a competent state agency with respect to the civil rights or obligations to which the statute of limitations currently applies;
b/ The civil rights or obligations to which the statute of limitations currently applies are disputed by a person with related rights or obligations.
3. The statute of limitations shall run continuously in cases where the enjoy-ment of civil rights or the release from civil obligations is legally transferred to another person.
Article 159.- Commencement of the statute of limitations for initiating a civil case, the statute of limitations for requesting the settlement of a civil matter
1. The statute of limitations for initiating a civil case shall be counted from the date the legitimate rights and/or interests are infringed upon, unless otherwise provided for by law.
2. The statute of limitations for requesting the settlement of a civil matter shall be counted from the date on which the requesting right arises, unless otherwise provided for by law.
Article 160.- Non-application of the statute of limitations for initiating civil cases
The statute of limitations for initiating civil cases shall not apply in the following cases:
1. Requesting to restitute property under the state ownership;
2. Requesting to protect personal rights which are infringed upon, unless otherwise provided for by law;
3. Other cases specified by law.
Article 161.- A period of time not calculated into the statute of limita-tions for initiating civil cases, the statute of limitations for requesting the settlement of civil matters
A period of time which shall not be calculated into the statute of limitations for initiating a civil case or the statute of limitation for requesting the settlement of a civil matter is a period of time within which one of the following events occurs:
1. A force majeure or an objective hindrance, which renders a subject with the right to initiate a lawsuit or to request unable to exercise this right within the statute of limitations.
A force majeure means an event which occurs objectively and unpredictably and cannot be overcome though all necessary measures have been applied and all the permitted capabilities have been used.
Objective hindrances means obstacles created under the impacts of objective circumstances, which render the persons with related civil rights or civil obligations unable to know that their legitimate rights and/or interests have been infringed upon or unable to exercise their civil rights or perform their civil obligations.
2. The unavailability of a representative in cases where the person with the right to initiate a lawsuit or the person with the right to request has not yet attained adulthood, lost his/her civil act capacity or has his/her civil act capacity restricted.
3. The unavailability of a new representative for replacement, or discontinuity of representation for plausible reasons in cases where the representative of a minor or of a person who has lost his/her civil act capacity or has his/her civil act capacity restricted dies.
Article 162.- Re-commencement of the statute of limitations for initiating civil cases
1. The statute of limitations for initiating a civil case shall re-commence in the following cases:
a/ The obligor has acknowledged a part or all of his/her/its obligations towards the person initiating the lawsuit;
b/ The obligor has fulfilled a portion of his/her/its obligations towards the person initiating the lawsuit;
c/ The parties have reconciled with each other.
2. The statute of limitations for initiating a civil case shall re-commence from the date following the date upon which an event specified in Clause 1 of this Article occurs.
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