The statute of limitations in civil disputes is an essential legal provision that individuals must understand to protect their rights. By knowing the statute of limitations, the situations where it may be suspended, and cases where it does not apply, individuals can better prepare their claims and seek resolution from the competent authorities effectively.

The statute of limitations is a crucial legal provision that protects the rights and interests of parties involved in civil cases. It is the period during which individuals or organizations have the right to request a court or competent authority to resolve disputes. After this period ends, the right to initiate legal action will no longer be protected. Understanding the statute of limitations in civil disputes is essential to avoid losing legal rights.

1. Definition of Statute of Limitations

The statute of limitations is the period defined by law during which the party whose rights have been violated can request the competent authority to resolve the matter. If this period expires without any legal action, the right to sue is terminated, and the court will not address the claim.

Article 150 of the 2015 Civil Code states that: "The statute of limitations is the period after which the subject loses the right to request the Court to resolve the dispute." Thus, determining the statute of limitations is a critical issue in filing lawsuits related to civil disputes.

2. Types of Statute of Limitations in Civil Disputes

Depending on the type of dispute, the statute of limitations may vary. The 2015 Civil Code provides specific statutes of limitations for civil disputes as follows:

a. Statute of Limitations for Contract Disputes

In cases involving contract disputes (e.g., sales contracts, rental agreements, loan agreements), the statute of limitations is three years from the date the person with the right to request knew or should have known that their rights and legal interests were violated. This is clearly stipulated in Article 429 of the 2015 Civil Code.

For example, if Party A and Party B signed a loan agreement on January 1, 2020, and Party B did not repay the loan by the contract's due date, Party A has three years from the breach to file a lawsuit.

b. Statute of Limitations for Inheritance Disputes

According to Article 623 of the 2015 Civil Code, the statute of limitations for requesting the division of an estate is 30 years for immovable property and 10 years for movable property, starting from the date the inheritance is opened (i.e., the date the person leaving the estate passes away).

However, if no division of the estate is requested within this time, the right to file a lawsuit will expire. In many cases, inheritance disputes arise years after the death of the estate owner, making this regulation especially important.

c. Statute of Limitations for Claims for Compensation Outside of Contracts

For disputes involving claims for compensation outside of contracts, the statute of limitations is three years from the date the aggrieved party knew or should have known that their rights and legal interests were violated (Article 588 of the 2015 Civil Code).

For example, if a person suffers damage to their property due to another's actions in 2022, they have until 2025 to file a lawsuit for compensation.

3. When Does the Statute of Limitations Begin?

Determining when the statute of limitations begins is crucial, as it directly affects the plaintiff’s rights. The statute of limitations starts from the day the person entitled to file a claim knows or should have known that their rights and legal interests were violated.

For instance, in contract disputes, if one party refuses to fulfill their contractual obligations on a specific date, the statute of limitations starts from the day the affected party learns of the refusal. In inheritance disputes, the statute of limitations starts from the time the estate is opened (the death of the estate owner).

4. Cases Where the Statute of Limitations is Suspended or Extended

In certain special cases, the statute of limitations may be suspended or extended. This ensures that in situations where objective factors prevent the filing of a lawsuit, the affected party's rights are still protected.

a. Cases of Suspension of the Statute of Limitations

According to Article 156 of the 2015 Civil Code, the statute of limitations is suspended in the following cases:

• There is a force majeure event or objective obstacle preventing the claimant from filing a lawsuit.
• The claimant lacks full legal capacity and does not have a legal representative.
• The legal representative of an individual entitled to file a lawsuit dies or loses legal capacity.

Once these circumstances cease, the statute of limitations will resume.

b. Cases Where the Statute of Limitations Does Not Apply

The 2015 Civil Code also specifies certain cases where the statute of limitations does not apply, including:

• Disputes over property ownership.
• Claims for the protection of property rights or land use rights.
• Claims for the protection of personal rights not associated with assets.

In these cases, the right to file a lawsuit is not limited by time.