1. How long is the limitation of loan litigation?

China's civil code has established two systems of limitation of action, namely, general limitation of action and special limitation of action. The statute of limitations system is generally three years. The special short-term limitation of action is 1 year, and the long-term limitation of action is 20 years. Generally speaking, the statute of limitations system for private lending disputes applies to the general statute of limitations system of three years, which is the effective statute of limitations period from the expiration of the loan contract. The limitation system for civil disputes generally applies to the general limitation system of three years, which is the effective limitation period from the expiration of the loan contract. However, the situation that the special limitation period is not applicable does not belong to private lending.

In practice, there are a large number of private lending contracts with no repayment period. If the statute of limitations of these disputes meets the conditions stipulated by law, a special long-term statute of limitations of 20 years can be applied instead of 3 years, otherwise it will harm the interests of creditors and violate the principle of fairness. If the indefinite loan contract exceeds the limitation of action of 20 years, it will lose the right to win the case.

The prescription of private lending contracts can be divided into two situations: the loan contract with no repayment period and the loan contract with repayment period. If there is a repayment period, after the loan expires, the borrower does not repay, and the lender knows that the creditor's rights have expired but he does not repay, and his rights are violated and he does not pursue it, then the general statute of limitations system is applicable. That is, if you don't claim it within 3 years from the date when you know that your rights have been infringed (the maturity date of the loan), it will be regarded as exceeding the limitation of action. For private loans with outstanding period, the limitation of action is generally three years from the date when the lender knows that the creditor's rights have been infringed. After the limitation of action, the original debt becomes a natural debt and applies for a loan. There is no enforcement.

Second, what are the situations in which the limitation of action does 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) the right to claim personal rights;

(5) Property control: including property rights and intellectual property rights;

(6) the right to defense;

(7) Right of formation;

(8) There is no specific time limit for the claim for deposit principal and interest, and depositors can ask financial institutions to pay at any time. If the limitation of action is applied, it will affect the people's survival interests and have a far-reaching impact on the people's survival interests, and it does not conform to the characteristics of this law, so the principal and interest of deposits are not applicable.

(9) Subscribers purchase creditor's rights based on their trust in the country and financial institutions, and their investment is similar to the nature of savings. Therefore, the claim for payment system arising from national debt and financial debt should not be limited by the statute of limitations.

(10) The claim for capital contribution based on capital contribution is not limited by statute of limitations, mainly considering that sufficient capital is the guarantee for enterprises to carry out foreign business activities and also the guarantee for foreign civil liability. It is also the legal obligation of the company to make full capital contribution, and the claim for capital contribution should not be limited by the statute of limitations, otherwise it will violate the principle of capital adequacy of the company.

(1 1) If the limitation of action applies to the claim for real right, the property occupied by others after the limitation of action becomes ownerless.

3. What are the legal consequences of the limitation of action?

(1) The obligee's right to win the case is extinguished.

In China's current civil legislation, according to the provisions of the Civil Code and the provisions of Article 153 of the Supreme People's Court's Opinions on Several Issues Concerning the Application of the Civil Procedure Law of People's Republic of China (PRC), "if a party brings a lawsuit during the limitation of action, the people's court shall accept it. After acceptance, it is found that the legal effect of the extinction of the right to win the lawsuit will occur. This shows that in China's current legislation, when the limitation period expires, the parties have not lost their procedural right to sue, that is, the right to sue. Therefore, the parties still have the right to sue after the expiration of the limitation of protection, and the court will accept it, but it cannot rule on prosecution. After the court accepted the case, the banquet hall fainted ex officio. If the court finds that the limitation of action has expired after examination, it shall decide to reject the claim of the monument.

Considering that when the limitation period expires, the obtained limitation benefits belong to private interests. Therefore, whether the limitation period expires or not, there is no need for the state to take the initiative to intervene.

(2) Voluntary performance of the debtor

According to the provisions of the Civil Code, when the limitation of action expires, the voluntary performance of the parties is not limited by the limitation of action. Therefore, after the expiration of the limitation period, if the debtor voluntarily performs his obligations, the creditor can accept the performance without unjust enrichment, and if the debtor repents after performance, he may not sue the creditor to return his income. As for the situation that the debtor has agreed to perform, but has not yet performed, the Supreme People's Court issued a reply (1997) No.4 on April 6, pointing out that according to the spirit of the Civil Code, if both parties reach a repayment agreement on the original debt beyond the limitation of action, it shall be protected according to law.

(3) Abandonment of prescription interest

The so-called waiver of prescription interest means that the obligor gives up the prescription interest obtained by him in an express or implied way after the expiration of the prescription period. Although the prescription interest may not be abandoned in advance, once the prescription period expires, the prescription interest obtained by the obligor belongs to his private interest and should be allowed to be abandoned according to the principle of autonomy in private law. Once the limitation of action is abandoned, it is deemed that the limitation of action has not expired and the limitation of action is calculated again.

To sum up, the statute of limitations for borrowing is usually three years, and this three-year period is generally calculated from the date of expiration of the loan period.

Legal objectivity:

Article 188 of the Civil Law requires the people's court to protect citizens' rights for 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.