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1、Announcement of the Supreme Peoples Court of the Peoples Republic of ChinaThe Provisions of the Supreme Peoples Court on Several Issues concerning the Application of Statute of Limitations during the Trial of Civil Cases, which were adopted at the 1450th meeting of the Judicial Committee of the Supr
2、eme Peoples Court on August 11, 2008, are hereby promulgated, and shall come into force as of September 1, 2008. August 21, 2008Provisions of the Supreme Peoples Court on Several Issues concerning the Application of Statute of limitations during the Trial of Civil Cases(adopted at the 1450th meeting
3、 of the Judicial Committee of the Supreme Peoples Court on August 11, 2008, Judicial Interpretation No. 11 2008)With a view to correctly applying the legal provisions on statute of limitations and protecting the legitimate rights and interests of the parties, these Provisions are formulated in accor
4、dance with the General Principles of Civil Law of the Peoples Republic of China, Real Right Law of the Peoples Republic of China, Contract Law of the Peoples Republic of China, Civil Procedure Law of the Peoples Republic of China and other laws and by taking into account the judicial practices. Arti
5、cle 1 A party may make an argument on statute of limitations against a claim for creditors right, but the peoples court shall not support an argument of a party on statute of limitations against any of the following claims for creditors right:1. A claim for payment of the principal and interest of a
6、 deposit;2. A claim for payment of the principal and interest of government bonds, financial bonds or enterprise bonds issued to non-specific objects; 3. A claim for payment of the capital contribution arising out of any investment relationship; or4. Any other claim to which the provisions on statut
7、e of limitations are inapplicable. Article 2 The peoples court shall not support any agreement reached in violation of law between the parties on extending or shortening the statute of limitations or waiving any interest from the statute of limitations. Article 3 If a party fails to make an argument
8、 on statute of limitations, the peoples court shall not expound the issue of statute of limitations and take the initiative to apply the statute of limitations in making a judgment. Article 4 If a party fails to make an argument on statute of limitations during the trial of the first instance, but m
9、akes one during the trial of the second instance, the peoples court shall not support it unless any new evidence proves that the statute of limitations for the claim of the opposite party has expired. If a party fails to make an argument on statute of limitations under the provision of the preceding
10、 paragraph, the peoples court shall not support a petition of the party for retrial or an argument of the party for retrial on the ground that the statute of limitations has expired. Article 5 If the parties has agreed on the performance of a same debt in installments, the statute of limitations sha
11、ll be computed from the date of expiration of the performance period of the final installment. Article 6 For a contract without an agreed performance period, if the performance period may be determined in accordance with Articles 61 and 62 of the Contract Law, the statute of limitations shall be com
12、puted from the date of expiration of the performance period; otherwise, the statute of limitations shall be computed from the date of expiration of the grace period during which the creditor requires the debtor to perform the obligation, but if the debtor clearly states that it will not perform the
13、obligation when the creditor claims the right against the debtor for the first time, the statute of limitations shall be computed from the date when the debtor clearly states that it will not perform the obligation. Article 7 If a party having the right to revoke a contract requests revocation of th
14、e contract, the provision of Article 55 of the Contract Law on the one-year period of right shall apply. The peoples court shall not support an argument made by the opposite party on statute of limitations for the right to revoke the contract. The statute of limitations for a claim for restitution o
15、f property or compensation for losses due to the revocation of a contract shall be computed from the date of revocation of the contract. Article 8 The statute of limitations for a claim for restitution of unjust enrichment shall be computed from the date when a party knows or should have known the f
16、act of unjust enrichment and the opposite party. Article 9 The statute of limitations for a claim for payment of necessary management expenses or compensation for losses incurred due to voluntary services of a keeper shall be computed from the date when the voluntary services are finished and the keeper knows or should have known the principal. The statute of limitations for a principals claim for compensation for losses incurred due to improper voluntary servi
