In addition, China's laws stipulate that the limitation of action is interrupted in any of the following circumstances, and it will be recalculated from the time of interruption to the end of relevant procedures: first, the obligee requests the obligor to perform; Second, the debtor agrees to perform its obligations; Third, the obligee brings a lawsuit or applies for arbitration; Fourth, other circumstances that have the same effect as bringing a lawsuit or applying for arbitration.
In addition, the statute of limitations does not apply to the following requests: first, request to stop the infringement, remove the obstruction and eliminate the danger; Second, real estate owners and registered movable property owners request the return of property; Third, request the payment of alimony, alimony or alimony; Fourth, other claims that are not subject to the statute of limitations according to law.
According to Article 188 of the Civil Law of People's Republic of China (PRC), the longest period of limitation of action and protection of rights is three years. Where there are other provisions in the law, those provisions shall prevail.
The limitation period of action shall be counted from the date when the creditor knows or should know that the right is damaged and the debtor knows it. Where there are other provisions in the law, those provisions shall prevail. However, the people's court shall not protect the rights that have been damaged for more than 20 years. Under special circumstances, the people's court may decide to extend the time according to the application of the obligee.
Article 192 Upon the expiration of the limitation of action, the debtor may raise a defense of non-performance.
After the expiration of the limitation period of action, if the debtor agrees to perform it, it shall not defend itself on the grounds of the expiration of the limitation period of action; If the debtor voluntarily performs, it may not request the return.
Article 195 If the limitation of action is interrupted under any of the following circumstances, the limitation of action shall be recalculated from the time of interruption and termination of relevant procedures:
(1) The creditor makes a performance request to the debtor;
(2) The debtor agrees to perform its obligations;
(3) The obligee brings a lawsuit or applies for arbitration;
(four) other circumstances with the same effect as bringing a lawsuit or applying for arbitration.
Article 196 Where the statute of limitations does not apply, the following claims shall not apply:
(a) request to stop the infringement, remove obstacles and eliminate dangers;
(two) the real estate right holder or the registered movable property right holder requests the return of the property;
(3) Requesting to pay alimony, alimony or alimony;
(4) Other claims for which the limitation of action is not applicable according to law.