SIGNS OF LIMITATION OF ACTIONS AND THEIR REFLECTION IN THE LAW

Abstract

Abstract: the article examines the signs of limitation of actions, and indicates how they are reflected in the law. The concept of limitation of actions can be given only on the basis that we are talking about the protection of the violated right. The protection of the right is understood as the satisfaction of the claims of the plaintiff, which he presents to the debtor. Protection of the right is carried out by means of compulsory measures against the debtor by a court decision. With the expiration of the limitation period, the possibility of compulsory protection of the violated right is lost. The introduction into the Civil Code of the rule that the limitation period for obligations, the term of performance of which is not determined or determined by the moment of demand, cannot exceed ten years from the date of occurrence of the obligation, contradicts the essence of the limitation of actions. The phrase “right to claim” in substantive law and procedural law denotes different concepts. There was no reason to introduce into the law instructions on the inapplicability of the statute of limitations to the requirements for the issuance of deposits. The statute of limitations is imperative, but there are elements of discretion.

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