2. If the two parties have not agreed on the repayment date, as long as it does not exceed 20 years, the court may pursue its legal responsibility.
According to the General Principles of Civil Law of People's Republic of China (PRC) and national laws, the provisions are as follows:
1 Article 188 The limitation of action for requesting protection of civil rights from the people's court shall be 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, if more than 20 years have passed since the right was damaged, the people's court will not protect it; Under special circumstances, the people's court may decide to extend the time limit upon the application of the obligee.
2. 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.
Extended data:
The identification and attribution of legal liability, referred to as "imputation", refers to the activities of judging, confirming, attributing, reducing and exempting legal liability caused by illegal acts.
(A) the principle of imputation
The principle of imputation embodies the value orientation of legislators, is the guiding principle of liability legislation, and is also the basic criterion to guide the application of law.
Responsibility must generally follow the following legal principles:
1, principle of legal liability. Its meaning includes:
(1) After an illegal act occurs, the violator shall be investigated for responsibility in accordance with the nature, scope, degree, duration and manner prescribed by law in advance; As a negative legal consequence, it should be stipulated in advance by legal norms.
(2) Exclude the responsibilities without legal basis, that is, arbitrary responsibilities and "illegal punishment".
(3) In general, it is necessary to exclude the retroactivity of the past that is harmful to the actor.
2. The principle of causality. Its meaning includes:
(1) Before determining the actor's illegal responsibility, we must first confirm the causal relationship between the behavior and the harm or damage result, which is an important factual basis for determining the legal responsibility.
(2) Before determining the actor's illegal responsibility, we must first confirm the causal relationship between subjective factors such as will and thought and external behavior, which is sometimes an important factor to distinguish responsibility from non-responsibility.
(3) Before determining the actor's illegal responsibility, it is necessary to distinguish whether this causal connection is inevitable or accidental, direct or indirect.
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