ON CERTAIN ISSUES OF LIMITATION PERIOD
Rubrics: CIVIL AND FAMILY LAW. BUSINESS LAW
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
22.02.2015
Accepted:
22.02.2015
Published:
22.02.2015
Language:
Russian
Keywords:
Limitation period, civil legislation.
Abstract (English):
The article brought to readers’ notice considers certain issues, related to the legal institute of a limitation period. The purpose of the research was the analysis of the norms of the Civil Code of the Russian Federation, which were considerably altered in the process of the current reform of the Russian civil legislation. The research was conducted on the basis of comparison between the norms, referring to the limitation period in their actual and previous editions, taking into account the relevant court’s practice. In particular, a detailed consideration was given to Article 199 of the Civil Code in its new edition, a number of problems were disclosed, which may arise in the court’s practice in connection with the application of this norm. Also an evaluation is given to Article 200 of the Civil Code. Special attention is devoted to the application of the limitation norms to the requirements, related to the invalidity of legal transactions. Materials of the Russian court’s practice, referring to the limitation norms are critically evaluated. As a result of the conducted research the conclusion was drawn on certain deficiencies of the norms in the research area and on the necessity of the legislation and court’s practice improvement.
The article brought to readers’ notice considers certain issues, related to the legal institute of a limitation period. The purpose of the research was the analysis of the norms of the Civil Code of the Russian Federation, which were considerably altered in the process of the current reform of the Russian civil legislation. The research was conducted on the basis of comparison between the norms, referring to the limitation period in their actual and previous editions, taking into account the relevant court’s practice. In particular, a detailed consideration was given to Article 199 of the Civil Code in its new edition, a number of problems were disclosed, which may arise in the court’s practice in connection with the application of this norm. Also an evaluation is given to Article 200 of the Civil Code. Special attention is devoted to the application of the limitation norms to the requirements, related to the invalidity of legal transactions. Materials of the Russian court’s practice, referring to the limitation norms are critically evaluated. As a result of the conducted research the conclusion was drawn on certain deficiencies of the norms in the research area and on the necessity of the legislation and court’s practice improvement.
Keywords:
Limitation period, civil legislation.
Limitation period, civil legislation.
1. Vestnik Vysshego Arbitrazhnogo Suda Rossiyskoy Federatsii. 2010. № 6.
2. Vestnik Vysshego Arbitrazhnogo Suda Rossiyskoy Federatsii. 2013. № 4.
3. Vestnik Konstitutsionnogo Suda Rossiyskoy Federatsii. 2011. № 6.
