Interpretation of Several Issues Concerning the Application of the Limitation of Action System of General Provisions of Civil Law of the People's Republic of China
Announcement of Supreme People's Court
Interpretation of Several Issues Concerning the Application of the Limitation of Action System of General Provisions of Civil Law of the People's Republic of China was passed by the Supreme People's Court Judicial Committee at its 1744th Session on July 2, 2018. It is hereby released and shall come into force on July 23, 2018.
Supreme People's Court
July 18, 2018
Supreme People's Court
Interpretation of Several Issues Concerning the Application of the Limitation of Action System of General Provisions of Civil Law of the People's Republic of China
(Passed by the Supreme People's Court Judicial Committee at its 1744th meeting on July 2, 2018 and to be implemented from July 23, 2018)
Law Interpretation〔2018〕No. 12
This interpretation is enacted and combined with judicial practice in order to correctly apply the provisions of General Provisions of Civil Law of the People's Republic of China on limitation of action system and protect the legitimate rights and interests of the parties.
Article 1 If the limitation of action counts after the implementation of General Provisions of Civil Law, the provisions of Article 188 of General Provisions of Civil Law on three years limitation of action shall be applicable. Where the parties claim to apply the provisions of one or two years of limitation of action under General Principals of Civil Law, such claim shall not be supported by the people's court.
Article 2 Where the limitation of action has not expired for one or two years period as stipulated in the General Principles of Civil Law on the date of the implementation of General Provisions of Civil Law,and the parties claim to apply the stipulation of three-year limitation of action prescribed by General Provisions of Civil Law, the people's court shall support such application.
Article 3 Where prior to the implementation of General Provisions of Civil Law, the limitation of action has expired for one or two years period as stipulated in the General Principles of Civil Law, and the parties claim to apply the stipulation of three-year limitation of action prescribed by General Provisions of Civil Law, such application shall not be supported by the people's court.
Article 4 From the date of the implementation of General Provisions of Civil Law, if reasons for the suspension of the limitation of action have not been eliminated, provisions concerning the suspension of the limitation of action of General Provisions of Civil Law shall be applicable.
Article 5 This interpretation shall take effect on July 23, 2018.
After the implementation of this interpretation, the interpretation shall be applicable for the cases still in the first or second instance. This interpretation is not applicable for the cases that have finished last instance but the parties apply for retrial or the retrial cases initiated in accordance with the trial supervision procedure.
Source: Offical website of Supreme People's Court
Release date: July 19, 2018