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Summarize the prescription entering lawsuit each dispute or civil claim

17/09/2020

1. Condition to apply the prescription:

According to the regulation at clause 2, article 149 of The criminal code 2015: 

The Court only applies the prescription based on the condition to apply the prescription for one party or all parties in case that these requests must be provided before the first-instance judgement issuing a result or decision to  the case.

Accordingly, the rescription of lawsuit is applied when meeting two conditions:

  • A request to apply the prescription of a party or all parties;
  • A request to apply the prescription must be issued before the first-instance judgement issuing a result or decision to resolve the case.

Therefore, the Court does not automatically apply or self-check the prescription of the lawsuit. If the parties have the demands to apply the prescription, they must ask the court to protect their right. Moreover, the law also allows a person who benefits from the application of prescription to refuse the prescription if that refusal doesnt intend to avoid responsibility.

A person benefiting from the application of prescription has the right to refuse the application of prescription except that the refusal is for the purpose of evading obligations ( based on Clause 2, Article 149 of the Civil Code 2015).

2. The prescription to sue in each type of dispute or civil claim 

The prescription for lawsuit depends on each type of dispute and the parties' requirements. To be specific:

Type of dispute, civil claim

Prescription

First valid time of prescription

Legal document

Contract dispute

The prescription of a lawsuit to request the Court to settle a contract dispute is 3 years.

From the date on which the person who has the right to request knows or must know that his or her legitimate rights and benefits have been infringed upon.

Article 429 of The civil code of Vietnam 2015

Claim for damages 

The prescription of a lawsuit to claim for damages is 3 years. 

 From the date on which the person who has the right to request knows or must know that his or her legitimate rights and benefits have been infringed upon.

Article 588 of the civil code of Vietnam 2015

Prescription of heritance

 

 

 

The prescription for the heir requesting for division of property.

+ 30 years for real estate;

+ 10 years for real estate; 

Since the time that testament takes effect.

 

 Article 623 of the civil code of Vietnam 2015. 

Ask to confirm his or her inheritance right or reject another's inheritance right.

The prescription is 10 years

Requesting the heir to perform obligations on the property of the dead.

The prescription of lawsuit is 3 years

3. Consequence of an expired prescription:

When the prescription of each type of disputes or requests is expired,  complainer loses the right to sue as clause 3, article 150 of the civil code of Vietnam. 

4. Cases that the prescription is not applied: 

The prescription of lawsuits prescribed in this Code does not apply to the following cases:

  • Request for protection of moral right not attached to property;
  • Request for protection of ownership except that This code or another related law has other regulations.
  • Land disputes based on Land Law;
  • Other cases as provided by law.

Source: ThuKyLuat.vn