The Civil Code of the Russian Federation

(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)

Part I
Section I
Subsection 5
Chapter 12
The Limitation of Actions

Chapter 12. The Limitation of Actions

Article 195. The Concept of the Limitation of Actions


The limitation of actions shall be recognized as the term, fixed for the protection of the right by the claim of the person, whose right has been violated.

Article 196. The General Term of the Limitation of Actions


The general term of the limitation of actions shall be laid down as three years.

Article 197. Special Terms of the Limitation of Actions


1. For the individual kinds of claims, the law may establish special terms of the limitation of actions, reduced or extended as compared to the general term.
2. The rules of Articles 195 and 198-207 of the present Code shall also be extended to the special terms of the limitation of actions, unless otherwise established by the law.

Article 198. Invalidity of the Agreement on Changing the Terms of the Limitation of Actions


The terms of the limitation of actions and the order of their counting shall not be changed by an agreement between the parties.
The grounds for the suspension and the interruption of the proceeding of the terms of the limitation of actions shall be laid down by the present Code and by the other laws.

Article 199. Application of the Limitation of Actions


1. The claim for the protection of the violated right shall be accepted by the court for consideration regardless of the expiry of the term of the limitation of actions.
2. The limitation of actions shall be applied by the court only upon the application of the party to the dispute, filed before the court has passed the decision. The expiry of the term of the limitation of actions, the application of which has been pleaded by the party to the dispute, shall be the ground for the court passing the decision on the rejection of the claim.

Article 200. The Start of the Proceeding of the Term of the Limitation of Actions


1. The proceeding of the term of the limitation of actions shall start from the day, when the person has learned, or should have learned, about the violation of his right. Exceptions to this rule shall be established by the present Code and by the other laws.
2. By the obligations with a fixed term of execution, the proceeding of the term of the limitation of actions shall start after the expiry of the term of execution. By the obligations without a fixed term of execution, or by those, whose term of execution has been defined as that on demand, the proceeding of the term of the limitation of actions shall start from the moment, when the creditor's right to present the claim for the execution of the obligation arises, and if the debtor has been granted a privileged term for the execution of such a claim, the term of the limitation of actions shall be counted after the expiry of the said term.
3. By the regress obligations, the proceeding of the term of the limitation of actions shall start from the moment of execution of the basic obligation.

Article 201. The Term of the Limitation of Actions in the Substitution of the Persons in the Obligation


The substitution of the persons in the obligation shall not entail a change of the term of the limitation of actions or of the order of its counting.

Article 202. Suspension of the Proceeding of the Term of the Limitation of Actions


1. The proceeding of the term of the limitation of actions shall be suspended: 1) if the filing of the claim has been obstructed by an extraordinary and under the given conditions inexorable circumstance (a force-majeure);
2) if the plaintiff or the defendant is in the Armed Forces, put under the martial law;
3) by force of the postponement of the execution of the obligations (a moratorium), decreed on the ground of the law by the Government of the Russian Federation;
4) by force of the suspension of the operation of the law or of the other legal act, regulating the corresponding relationship.
2. The proceeding of the term of the limitation of actions shall be suspended under the condition that the circumstances, pointed out in the present Article, have arisen or have been existing over the last six months of the term of the limitation, and if this term is equal to six months or is less than six months - over the period of the term of the limitation of actions.
3. From the day of the termination of the circumstance, which has served as the ground for the suspension of the limitation, the proceeding of its term shall be resumed. The remaining part of the term shall be extended to six months, and in case the term of the limitation of actions is equal to six months or is less than six months - up to the term of the limitation.

Article 203. Interruption of the Proceeding of the Term of Limitation of Actions


The proceeding of the term of the limitation of actions shall be interrupted by the filing of a claim in conformity with the established order, and also by the obligator's performing the actions, which testify to his admitting the debt.
After the interruption, the proceeding of the term of the limitation shall start anew; the time that has expired before the interruption, shall not be included into the new term.

Article 204. Proceeding of the Term of Limitation if the Claim Is Dismissed


If the court dismisses the claim, the term of limitation, which has started before the claim was filed, shall continue to proceed in the general order.
If the court dismisses the claim, filed in a criminal case, the term of limitation, which has started before the claim was filed, shall be suspended until the sentence on dismissing the claim comes into legal force; the time, over which the limitation has been suspended, shall not be included into the term of limitation. In case the remaining part of the term of the limitation of actions is less than six months, it shall be extended to six months.

Article 205. Restoration of the Term of the Limitation of Actions


In exceptional cases, when the court recognizes the cause of missing the term of limitation as valid on the ground of the circumstances (it being related to the plaintiff's personal characteristics, such as a grave illness, total disability, illiteracy, etc.), the citizen's violated right shall be liable to protection. The reasons for his missing the term of the limitation of actions may be recognized as valid, if they have taken place within the last six months of the term of limitation, and if this term is equal to six months or is less than six months - over the term of limitation.

Article 206. Execution of the Duty After the Expiry of the Term of the Limitation of Actions


The debtor or another obligator, who has executed the duty after the expiry of the term of limitation, shall not have the right of regress, even if at the moment of the execution the said person was not aware of the expiry of the term of limitation.

Article 207. Application of the Limitation of Actions to Supplementary Claims


With the expiry of the term of limitation by the basic claim, that by the supplementary claims (the forfeit, pledge, surety, etc.) shall also expire.

Article 208. The Claims to Which the Limitation of Actions Shall Not Be Apply


The limitation of actions shall not be apply to:
- the claims for the protection of personal non-property rights and the other non-material values, with the exception of the cases, stipulated by the law;
- the claims of the depositors to the bank on the issue of deposits;
- the claims on recompensing the damage, inflicted on the life or the health of the citizen. However, the claims, made after the expiry of three years from the moment, when the right to the compensation of such damage has arisen, shall be satisfied for the past time for no more than three years, preceding the filing of the claim;
- the claims of the owner or another possessor for the elimination of all violations of his right, even though these violations have not been involved in the deprivation of the possession (Article 304);
- the other claims in the cases, established by the law.

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