What is the statute of limitations? How is the statute of limitations for requesting the Court to declare a civil transaction invalid? Let’s find out with LawFirm.Vn through this article.
1. What is the statute of limitations?
In civil exchanges, subjects participating in civil relations enjoy rights and must perform civil obligations. The stability of civil relations is one of the regulatory purposes of civil law. On the other hand, the object of civil exchange is mainly property to serve the needs of consumption, production, and business, so property always has changes in form, features, and effects, due to So with the change of time, the asset may no longer exist. When there is a violation of their property rights, the plaintiff must prove the origin of the property, the type of property, the form of the property… however, the longer the time, the more difficult it becomes to prove. and many cases cannot be proven. Therefore, the law stipulates a certain period of time for the emergence, existence or termination of civil rights and obligations. This period is called the statute of limitations.
The statute of limitations is a period of time determined by law at the end of which legal consequences arise for the subject according to the conditions prescribed by law (Article 149 Civil Code 2015). Thus, the statute of limitations is a time limit prescribed by law. Subjects participating in civil relations cannot agree to extend or shorten this time limit.
The statute of limitations plays an important role in stabilizing civil relations. Without a statute of limitations, each subject participating in civil relations is always threatened by possible disputes, affecting their rights and lives. Furthermore, time makes the process of proving grounds for arising of civil relations complicated. When resolving civil disputes, the court needs to conduct an investigation and collect evidence to determine the objective truth, so if too much time has passed, the evidence collection process is difficult to ensure accuracy. (Resolving inheritance disputes opened before September 10, 1990 – the date the Inheritance Ordinance took legal effect are practical examples that identify this difficulty). For organizations, the regulation of the statute of limitations forces these units to control and take responsibility in all activities, production and business, ensuring the rights and interests of subjects and the State.
2. The statute of limitations requires the Court to declare a civil transaction invalid
2.1. What is a void civil transaction?
A void civil transaction is an invalid transaction when it is established that the parties (or the subject of unilateral legal action) has violated at least one of the valid conditions prescribed by law. The decision leads to the legal consequences of not creating, changing, or terminating any civil rights or obligations that satisfy the desired purpose of the subject participating in the transaction.
A civil transaction that does not satisfy one of the conditions specified below is void, unless otherwise provided in the 2015 Civil Code:
Article 117. Conditions for validity of civil transactions
1. A civil transaction is valid when all of the following conditions are met:
a) The subject has civil legal capacity and civil act capacity appropriate to the established civil transaction;
b) Subjects participating in civil transactions are completely voluntary;
c) The purpose and content of the civil transaction do not violate prohibitions of the law or violate social ethics.
2. The form of a civil transaction is the condition for the validity of the civil transaction in cases where it is prescribed by law.
2.2. The statute of limitations requires the Court to declare a civil transaction invalid
The statute of limitations for requesting the Court to declare a civil transaction invalid is specified in Articles 125, 126, 127, 128 and 129 of Civil Code 2015 is 02 years from date:
– The representative of a minor, a person who has lost civil act capacity, a person with difficulty in cognition or behavior control, or a person with limited civil act capacity knows or should know the person being represented. Establish and carry out transactions yourself;
– The person who is mistaken or deceived knows or should know that the transaction was established due to confusion or deception;
– The person who commits the threatening or coercive behavior stops the threatening or coercive behavior;
– People who are not aware and in control of their behavior establish transactions;
– Civil transactions are established in cases where civil transactions do not comply with regulations on form.
Note
– After the expiration of the statute of limitations prescribed above, if there is no request to declare the civil transaction invalid, the civil transaction will be valid.
– For civil transactions that are invalid due to violating prohibitions of the law, contrary to social ethics or due to fraud, the statute of limitations for requesting the Court to declare the civil transaction invalid is not limited.
