1. How many years is the limitation of online loan litigation?
The statute of limitations in peer-to-peer lending is three years, with a maximum of 20 years. According to Article 188 of the Civil Law, the limitation of action for requesting protection of civil rights from the people's court 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 189 Where the parties agree to perform the same debt by installments, the limitation period of action shall be counted from the date when the last installment expires.
Article 190 The limitation period for a person without civil capacity or with limited civil capacity to claim a legal representative shall be counted from the date when the legal representative terminates.
Article 191 The limitation of action for minors to claim compensation for sexual infringement shall be counted from the date when the victim reaches the age of 18.
Two. Other provisions of the Civil Code on limitation of action
Article 194 In the last six months of the limitation of action, if the right of claim cannot be exercised due to the following obstacles, the limitation of action shall be suspended:
(1) force majeure;
(2) A person without or with limited capacity for civil conduct has no legal representative, or his legal representative dies, loses his capacity for civil conduct or loses his power of agency;
(three) after the beginning of the inheritance, the heir or the administrator of the estate has not been determined;
(4) The creditor is controlled by the debtor or others;
(5) Other obstacles preventing the obligee from exercising the right of claim.
The limitation of action expires six months after the reason for the suspension of the limitation of action is eliminated.
Article 195 If the limitation of action is interrupted under any of the following circumstances, it 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 The limitation of action shall not apply to the following claims:
(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.
Article 197 The period, calculation method and reasons for suspension or interruption of the limitation of action shall be prescribed by law, and the agreement of the parties shall be invalid.
It is invalid for the parties to give up the interests of limitation of action in advance.
Article 198 Where the law provides for the limitation of arbitration, such provisions shall prevail. Where there are no provisions, the provisions on limitation of action shall apply.
Article 199
Unless it is otherwise provided by law, the period of revocation rights stipulated by law or agreed by the parties shall be counted from the day when the obligee knows or should know that the right has come into being, and the provisions on suspension, interruption and extension of the limitation of action shall not apply. Upon the expiration of the term of existence, the right of revocation and the right of revocation shall be extinguished.
Peer-to-peer lending's behavior is a civil conflict. Relevant information can be mainly handled through consultation between the two parties. If an agreement can be reached, it is legal and effective. If no agreement can be reached, a lawsuit shall be brought within the time limit specified above, which shall be handled by the court.