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The statute of limitations for initiating a lawsuit

 

Pursuant to The Civil Code 2015, the statute of limitations for initiating a lawsuit is the time limit within which a subject has the right to initiate a lawsuit to request the court to settle a civil case for the protection of lawful rights and interests which are infringed upon; after such time limit expires, the right to initiate a lawsuit shall be lost.

The statute of limitations for initiating a lawsuit about a civil case shall be counted from the date the person having the right to request knows or should have known that his/her lawful rights or interests are infringed upon, unless otherwise prescribed by law.

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 prescribed by law.

 

Statute of limitations for initiating lawsuits concerning contracts

The statute of limitations for initiating a lawsuit to request the court to resolve a contractual dispute is 3 years, counting from the date on which the holder of the right to claim knows or should have known that his/her/its lawful rights and/or interests are infringed upon.

 

Statute of limitations for initiating lawsuits to claim compensation

The statute of limitations for initiating a lawsuit to claim compensation is three years counting from the date a person having the right to claim compensation knows or should have known the infringement upon his/her lawful rights and interests.

 

However, according to Article 157 of The Civil Code 2015, a subject still has the right to initiate a lawsuit upon expiration of the statute of limitations for initiating a lawsuit prescribed in law in the following cases:

– The obligor has acknowledged part or the whole of his/her/its obligation toward the person initiating the lawsuit;

– The obligor has acknowledged or fulfilled a portion of his/her/its obligation toward the person initiating the lawsuit;

– The parties have reconciled with each other.

The statute of limitations for initiating a lawsuit about a civil case shall re-commence from the date following the date upon which an event listed above occurs.

NOTES: The statute of limitations for initiating a lawsuit shall not be applied in the following cases:

+ Request for protection of personal rights not associated with property;

+ Request for protection of ownership rights, unless otherwise prescribed by this Code or other relevant laws;

+ Disputes over land use rights in accordance with the Land Law;

+ Other cases as prescribed by a law.

 

Contact T2H Lawyers for more information.

T2H Law Liability limited company

Head office: G4-4A, Dormitory 708, Lien Ninh, Thanh Tri, Hanoi

Branch office: 20N7A Nguyen Thi Thap, Nhan Chinh Ward, Thanh Xuan District, Hanoi.

Phone: 0242 242 9900 – 0989 656 682

Website: https://t2h.vn

Email: contact.t2h@t2h.vn – huong.le@t2h.vn

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