SeveralIssuesconcerningtheApplicationofStatute.docVIP

Announcement of the Supreme People’s Court of the People’s Republic of China The Provisions of the Supreme People’s 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 Supreme People’s Court on August 11, 2008, are hereby promulgated, and shall come into force as of September 1, 2008. August 21, 2008 Provisions of the Supreme People’s Court on Several Issues concerning the Application of Statute of limitations during the Trial of Civil Cases (adopted at the 1450th meeting of the Judicial Committee of the Supreme People’s 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 accordance with the General Principles of Civil Law of the People’s Republic of China, Real Right Law of the People’s Republic of China, Contract Law of the People’s Republic of China, Civil Procedure Law of the People’s Republic of China and other laws and by taking into account the judicial practices. Article 1 A party may make an argument on statute of limitations against a claim for creditor’s right, but the people’s court shall not support an argument of a party on statute of limitations against any of the following claims for creditor’s right: 1. A claim for payment of the principal and interest of a 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; or 4. Any other claim to which the provisions on statute of limitations are inapplicable. Article 2 The people’s court shall not support any agreement reached in violation of law between the parties on extending or shortening