Chương X Bộ luật Dân sự 2015: Thời hạn và thời hiệu

Chapter X

TIME LIMITS AND PRESCRIPTIVE PERIODS

Section 1. TIME LIMITS

Article 144. Time limits

1. Time limit means a length of time calculated from one point of time to another point of time.

2. A time limit may be calculated by reference to minutes, hours, days, weeks, months or years, or by reference to the happening of an event.

Article 145. Methods for calculating time limits

1. The method for calculating a time limit shall be apply in accordance with the provisions of this Code, unless otherwise agreed or otherwise provided by law.

2. A time limit shall be calculated according to the solar calendar, unless otherwise agreed.

Article 146. Detailed provisions on time limits and point of time for calculating time limits

1. Where the parties have agreed on a time limit which is one year, half of one year, one month, half of one month, one week, one day, one hour or one minute, but such length of time is not continuous, the time limit shall be calculated as follows:

a) One year shall be three hundred and sixty five (365) days;

b) Half of one year shall be six months;

c) One month shall be thirty (30) days;

d) Half of one month shall be fifteen (15) days;

dd) One week shall be seven days;

e) One day shall be twenty four (24) hours;

g) One hour shall be sixty (60) minutes;

h) One minute shall be sixty (60) seconds.

2. Where the parties have agreed on a point of time which is at the beginning of a month, the middle of a month or the end of a month, such point of time shall be determined as follows:

a) The beginning of a month shall be the first day of that month;

b) The middle of a month shall be the fifteenth day of that month;

c) The end of a month shall be the last day of that month.

3. Where the parties have agreed on a point of time which is at the beginning of the year, the middle of a year or the end of a year, such point of time shall be determined as follows:

a) The beginning of a year shall be the first day of January;

b) The middle of a year shall be the last day of June;

c) The end of a year shall be the last day of December.

Article 147. Commencement of time limits

1. Where a time limit is stated by reference to minutes or hours, it shall commence from a defined moment of time.

2. Where a time limit is stated by reference to days, weeks, months or years, the first day of the time limit shall not be taken into account and the time limit shall commence from the day following the defined date.

3. Where a time limit is stated by reference to the happening of an event, the date on which the event happens shall not be taken into account and the time limit shall commence from the day following the date on which the event happened.

Article 148. End of time limits

1. Where a time limit is stated by reference to days, the time limit shall end at the last moment of the last day of the time limit.

2. Where a time limit is stated by reference to weeks, the time limit shall end at the last moment of the corresponding day of the last week of the time limit.

3. Where a time limit is stated by reference to months, the time limit shall end at the last moment of the corresponding day of the last month of the time limit. If the month in which the time limit ends does not have a corresponding day, the time limit shall end on the last day of such month.

4. Where a time limit is stated by reference to years, the time limit shall end at the last moment of the corresponding day and month of the last year of the time limit.

5. Where the last day of a time limit falls on a weekend or a public holiday, the time limit shall end at the last moment of the next working day following such day.

6. The last moment of the last day of a time limit shall be precisely twelve o'clock midnight on that day.

Section 2. PRESCRIPTIVE PERIODS

Article 149. Prescriptive periods

1. Prescriptive period means a time limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law.

The prescriptive periods shall apply as prescribed in this Code and relevant laws.

2. A court only applies provisions in terms of prescriptive periods at the request of a party or the parties provided that such request is filed before the first trial court of first instance gives a judgment and/or a decision on settlement.

The person benefiting from the application of the prescriptive period may refuse to apply such prescriptive period, unless such refusal is aimed at evading his/her obligations.

Article 150. Types of prescriptive periods

1. A prescriptive period for enjoying civil rights is the time limit where, upon its expiry, an entity enjoys civil rights.

2. A prescriptive period for a release from civil obligations is the time limit where, upon its expiry, a person with civil obligations is released from the fulfillment of those civil obligations.

3. A prescriptive period for initiating legal action is the time limit within which an entity has the right to initiate legal action to request a court to resolve a civil case to protect the infringed legal rights or interests of the entity. When such time limit expires, the right to initiate such legal action shall be lost.

4. A prescriptive period for requesting resolution of a civil case is the time limit within which an entity has the right to request a court to resolve a civil case in order to protect the legal rights and interests of natural persons, juridical persons, public interest and/or the interest of the State. When such time limit expires, the right to request shall be lost.

Article 151. Method for calculating prescriptive periods

A prescriptive period shall be calculated from the first moment of time of the first day and shall end at the last moment of time of the last day of the period.

Article 152. Effectiveness of prescriptive periods for enjoyment of civil rights and release from civil obligations

Where the law provides for that a subject may enjoy civil rights or be released from civil obligations by reference to a prescriptive period, the enjoyment of civil rights or the release from civil obligations shall take effect only upon expiry of the prescriptive period.

Article 153. Continuity of prescriptive periods for enjoyment of civil rights and release from civil obligations

1. The prescriptive period for enjoyment of civil rights or release from civil obligations shall continue uninterrupted from its beginning to its expiry. If there is an event causing an interruption, the prescriptive period shall recommence from the moment when the event causing the interruption ends.

2. The prescriptive period for enjoyment of civil rights or release from civil obligations shall be suspended upon occurrence of any of the following events:

a) A competent authority makes a resolution with respect to the civil rights and obligations which are the subject of the prescriptive period;

b) Civil rights or obligations which are the subject of a prescriptive period are disputed by a person with related rights or obligations and they are settled by an effective judgment or decision issued by a court.

3. The prescriptive period shall continue uninterrupted where the enjoyment of civil rights or the release from civil obligations or the right to initiate legal action is lawfully transferred to another person.

Article 154. Commencement of prescriptive periods for initiating legal action for civil cases and prescriptive periods for requesting resolution of civil cases

1. The commencement of the prescriptive period for initiating legal action for a civil case shall be calculated from the date on which the eligible person knows or should know that his/her legal rights or interests are infringed, unless otherwise provided by law.

2. The commencement of the prescriptive period for requesting resolution of a civil case shall be calculated from the date when the right to request arises, unless otherwise provided by law.

Article 155. Non-applicability of prescriptive periods

A prescriptive period for initiating legal action for a civil case shall not apply in any of the following cases:

1. Request for the protection of personal rights not associated with property;

2. Request for the protection of ownership rights, unless otherwise provided by this Code or relevant laws.

3. Dispute over land use right as prescribed in the Law on land;

4. Other cases as provided by law.

Article 156. Time periods excluded from prescriptive periods for initiating legal action for civil cases and from prescriptive periods for requesting resolution of civil cases

The time period during which one of the following events occurs shall be excluded from prescriptive periods for initiating legal action for civil cases and from prescriptive periods for requesting resolution of civil cases:

1. An event of force majeure or other objective hindrance which renders the person with the right to initiate legal action for a civil case or make the request not able to do so within the prescriptive period.

An event of force majeure is an event which occurs in an objective manner which is not able to be foreseen and which is not able to be remedied by all possible necessary and admissible measures being taken.

An objective hindrance is a hindrance which in an objective context results in a person with civil rights or obligations not knowing that his or her lawful rights and interests have been infringed or not being able to exercise his or her rights or fulfill his or her civil obligations;

2. The person with the right to initiate legal action for a civil case or to make the request is a minor or a legally incapacitated person, a person with limited cognition and behavior control or a person with limited legal capacity, and does not yet have a representative.

3. The representative of a minor or a legally incapacitated person, a person with limited cognition and behavior control or a person with limited legal capacity has not yet been replaced in any of the following cases:

a) The representative being natural person dies or the representative being juridical person ceases to exist;

b) The representative, for good reasons, cannot continue his/her representation.

Article 157. Re-commencement of prescriptive period for initiating legal action for civil cases

1. The prescriptive period for initiating legal action for a civil case shall re-commence in any of the following cases:

a) The obligor has acknowledged part or all of its obligations to the plaintiff;

b) The obligor has acknowledged or fulfilled part of its obligations to the plaintiff;

c) The parties have become reconciled.

2. The prescriptive period for initiating legal action for a civil case shall re-commence from the date following the date on which the event provided in clause 1 of this Article occurs.