25 May Presciption On Refutation For Business Lawsuits
First, it is necessary to mention that the statute of limitations is “refutation”, not an objection. refutation and appeal are different concepts. refutation (in the sense of procedural law) is a right that allows the defendant to refrain from performing an act he is actually owed for any specific reason. To explain, the defendant is in debt, but the defendant has the right to avoid fulfilling that debt for a special reason.
the difference between refutation and objections is that the right to appeal was never born or ended.
However, there is also a right to refutation; but as mentioned above, the defendant may refrain from fulfilling that right for a special reason. If the defendant has not explicitly put forward the refutation, the judge cannot observe it himself, even if he learns of the existence of the refutation from the cases reported by one of the parties. In the appeal, the judge will consider res’en objections, which he understands from the cases put forward, even if they have not been explicitly expelled by the parties.
Therefore, if the defendant has not duly submitted a statute of limitations refutation, the expert may not take into account the statute of limitations. Therefore it will have to calculate for the entire running time.
However, if the response petition is granted during the period, it is stated in other decisions of the law issued by the Court of Cassation, Court Courts that the statute of limitations against the case can be refutation through the reform of the reply petition.
In addition, other debtors may also benefit from the burial of the statute of limitations imposed by one of the debtors who is a debtor in a case.
On the other hand, when the Code of Obligations “statute of limitations is cut against one of the indebted persons or debtors of the non-divisible debt, it is also cut against the others.”includes the rule. According to the said article, the statute of limitations against one of the severance debtors shall also expire against the other severance debtors.
128 Of The Code Of Obligations. according to the article, the statute of limitations begins to run on the date when it is time to receive, that is, when it is claimable. In other words, if the time of execution of the debt agreed between the parties has reached, the credit becomes due.
152 Of The Code Of Obligations. according to the article, interest and other additional rights are also subject to the statute of limitations when the principal credit expires. To explain, the interest will be subject to the statute of limitations on which the principal will be subject.
On the other hand, there are situations where the statute of limitations is cut. For example, the statute of limitations is cut when the creditor sues. However, the deduction of the statute of limitations is only for the amount specified in the receivables and receivables subject to litigation.
Therefore , for example, if the rights related to the excess are reserved when filing a partial lawsuit, the statute of limitations is partially deducted for the requested amount. If the case is rectified by the plaintiff after the partial lawsuit has been filed, the defendant may file a statute of limitations against reclamation. Statute of limitations even if refutation is put forward, it will be necessary to determine the amount that has expired between the trial and the Reclamation dates, and to calculate whether the amount requested by the lawsuit meets the amount that has expired.
However, the situation will change if an indefinite claim is filed. HMK. m.The indefinite claim lawsuit filed within 107 breaks the statute of limitations for the entire claim as of the date of the case. In the case of an indefinite credit lawsuit, the amounts requested by the lawsuit are not rectified after the expert’s calculation and the value of the lawsuit is increased. In this case, the mortar to be deposited should also be deposited as completion mortar, not reclamation mortar. Since there is no reclamation, there will be no refutation of the statute of limitations against reclamation.
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