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The statute of limitations for initiating a lawsuit is the period during which an individual or organization has the right to file a claim in court to request protection of their lawful rights and interests.
Once this period expires and the claimant fails to initiate the lawsuit, the court may, in principle, refuse to accept the case. However, Article 155 of the 2015 Civil Code provides four exceptional cases in which the statute of limitations does not apply, meaning the entitled party may file a lawsuit at any time without time restriction:
(1) Claims for protection of personal rights not associated with property rights;
(2) Claims for protection of ownership rights, unless otherwise provided by law;
(3) Land use rights disputes governed by the 2013 Land Law;
(4) Other cases as provided by law.
In addition, pursuant to Article 156 of the Civil Code, certain periods shall not be included in the statute of limitations, specifically:
Force majeure events or objective obstacles that prevent the party with the right to sue or claim from initiating the lawsuit or making the request within the statutory time limit;
Force majeure refers to events that occur objectively, are unforeseeable, and cannot be remedied despite all necessary and possible measures being taken;
Objective obstacles refer to circumstances that make it impossible for a person to know that their lawful rights or interests have been violated, or prevent them from exercising their civil rights and obligations.
Absence of a legal representative for individuals who are minors, persons lacking legal capacity, persons with cognitive or behavioral difficulties, or persons with limited legal capacity, in cases where these individuals have the right to initiate a lawsuit or make a request;
Cases in which a minor, a person lacking legal capacity, a person with cognitive or behavioral difficulties, or a person with limited legal capacity has no replacement representative, specifically when:
The existing representative dies (if an individual) or ceases to exist (if a legal entity);
The representative, for legitimate reasons, is unable to continue performing the representative duties.
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