of September 29, 2015 No. 43
About some questions connected using regulations of the Civil code of the Russian Federation about limitation period
(In edition of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 07.02.2018 No. 6)
For the purpose of ensuring unity of practice of application by courts of regulations of the Civil code of the Russian Federation on limitation period the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:
Beginning of current of term of limitation period
1. According to Article 195 of the Civil code of the Russian Federation (further - the Civil Code of the Russian Federation) limitation period term for protection of the right in the claim of person which right is violated is recognized. Proceeding from the specified regulation it is necessary to understand the subjective civil law of the particular person as the right of person which is subject to protection by court.
If other is not established by the law, the current of term of limitation period begins from the date of when person whose right is violated learned or owed learn about set of the following circumstances: about violation of the right and about the one who is proper defendant in the claim for protection of this right (Item 1 of article 200 Civil Code of the Russian Federation).
2. In case of violation of the rights of the physical persons which do not have full civil or civil procedural legal capacity (for example, juvenile children, incapacitated citizens), the term of limitation period on demand, connected with such violation, begins from the date of when learned about the circumstances specified in Item 1 of article 200 Civil Code of the Russian Federation or shall learn any of their legal representatives, including guardianship and custody body.
In exceptional cases, when the omission of term of limitation period took place, for example, in view of obviously improper execution by legal representatives of such persons of the powers assigned to them by the legislation, the passed term of limitation period can be recovered according to the statement of the represented or other authorized person in its interests (article 205 Civil Code of the Russian Federation).
If violation of the rights of the called persons is made by their legal representative, the term of limitation period according to requirements to the last, including about claiming damages, is estimated or since the moment when learned about such violation or other legal representative acting honesty shall learn, or since the moment when represented it became known or it owed become known of violation of its rights and it became capable to perform protection of the violated right in court, that is from the moment of origin or recovery of full civil or civil procedural legal capacity (article 21 Civil Code of the Russian Federation, article 37 of the Civil Procedure Code of the Russian Federation (further - the CCP of the Russian Federation).
3. The course of limitation period according to requirements of the legal entity begins from the date of when person having rights independently or together with other persons to act on behalf of the legal entity, learned or owed learn about violation of the right of the legal entity and about the one who is proper defendant (Item 1 of article 200 Civil Code of the Russian Federation). Change of structure of bodies of the legal entity does not influence determination of the beginning of current of term of limitation period.
In sense of Articles 61 - 63 Civil Codes of the Russian Federation in case of presentation of the claim by liquidation commission (liquidator) on behalf of the liquidated legal entity to the third parties having debt to the organization for the benefit of which the claim is made the term of limitation period should be estimated since that moment when the owner of this right knew of the violated right, but not to liquidation commission (liquidator).
4. Owing to Item 1 of article 200 Civil Code of the Russian Federation the term of limitation period according to requirements of public legal entities on behalf of authorized bodies is estimated from the date of when the public legal entity on behalf of such bodies learned or owed learn about violation of its rights, in particular, about cession of property to other person, making of the actions testimonial of use by other person of disputable property, for example, of the parcel of land, and about the one who is proper defendant in the claim for protection of this right.
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