Marat Khasanov, partner of the Legal Group «PARADIGMA», has commented on the way of calculating the substantive term for recovering debt from a borrower and on limitation period for recovery of a debt - for the financial portal «Inguru.Money»
How is the limitation period calculated for the collection of arrears resulting from non-fulfillment of obligations arising from a loan agreement? The theory relies on legislation, namely, on the Civil Code of the Russian Federation. In practice, there are usually questions asked on the method for calculating the limitation period.
Marat Khasanov explains: "When credit organizations file a lawsuit for collection of arrears to the court under default obligations of a counterparty, they maintain the position that limitation period shall be calculated from the date of termination of the loan agreement. This position is incorrect and contradicts the acts rendered by the Higher Courts, as well as the established judicial practice. "
Method of calculating a limitation period was finally settled by the Resolution No. 43 of September 29, 2015 of the Supreme Court of Russian Federation. In paragraph 24 it is stated that the terms for submitting a claim on late payments (interest on a loan, etc.) are considered separately for each payment.
«The client should pay special attention to the position of the Supreme Court of Russian Federation, as it explains that if a borrower has expressed his consent with a part of debt (with a periodic payment), that does not constitute a ground for terminating the limitation period in relation to other parts of a payment obligation.
According to the rules of civil law, a bank is not limited in the ability to apply to court with a statement of claim for recovery of money from a debtor outside the limitation period. Court does not examine the issue of a plaintiff's compliance with the term for applying for protection in court at will. When the limitation period for submitting a claim has expired, the debtor must claim that.
If a bank appeals to court with a claim to refund the money outside of limitation period and claims the missed deadline for demanding the return of funds, while the borrower does not perform actions for compliance with the obligations, the court will dismiss the bank’s claim» - adds Marat Khasanov.
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