General Principles Of Civil Law


Chapter VII Limitation of Action

Article 135

Except as otherwise stipulated by law, the limitation of action
regarding applications to a people's court for protection of civil
rights shall be two years.

Article 136

The limitation of action shall be one year in cases concerning the
following:

(1) claims for compensation for bodily injuries;
(2) sales of substandard goods without proper notice to that
effect;
(3) delays in paying rent or refusal to pay rent; or
(4) loss of or damage to property left in the care of another
person.
Article 137

A limitation of action shall begin when the entitled person knows
or should know that his rights have been infringed upon. However,
the people's court shall not protect his rights if 20 years have
passed since the infringement. Under special circumstances, the
people's court may extend the limitation of action.

Article 138

If a party chooses to fulfil obligations voluntarily after the
limitation of action has expired, he shall not be subject to the
limitation.

Article 139

A limitation of action shall be suspended during the last six months
of the limitation if the plaintiff cannot exercise his right of
claim because of force majeure or other obstacles. The limitation
shall resume on the day when the grounds for the suspension are
eliminated.

Article 140

A limitation of action shall be discontinued if suit
is brought or if one party makes a claim for or agrees to
fulfilment of obligations. A new limitation shall be counted
from the time of the discontinuance.

Article 141

If the law has other stipulations concerning limitation of action,
those stipulations shall apply.

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