Civil Code - Statute of Limitations

(The following clauses are selected from The Civil Code of the People’s Republic of China translated by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited.)

Chapter IX Statute of Limitations

Article 188 The statute of limitations for filing a petition with the people's court to protect civil rights shall be 3 years unless otherwise specified by law.

The statute of limitations shall be counted from the date on which the obligee knew or had reason to know the damage to its rights and the obligor unless otherwise specified by law. Provided, however, that the people's court shall not grant relief if it has been more than 20 years since the date of the damage, except that the people's court may decide to extend the statute of limitations upon a petition by the obligee, where necessary, in special cases.

Article 189 In case of payment of a debt in installment as agreed by the parties, the statute of limitations shall be counted from the date of the expiration of the period for the payment of the last installment.

Article 190 The statute of limitations for a person without capacity or with limited capacity for civil acts to file a claim against their legal representative shall be counted from the date of the termination of the legal representation.

Article 191 The statute of limitations for a minor victim to file a claim for damages for sexual assault shall be counted from the date on which the victim attains to the age of 18 years.

Article 192 The statute of limitations, upon its expiration, may be pleaded by the obligor as a defense for non-performance.

Provided, however, that upon the expiration of the statute of limitations, the obligor shall not plead the statute of limitations as a defense if it agrees to perform its obligation and shall not be entitled to claim restitution if the obligation has been performed of its free will.

Article 193 The people's court shall not apply the provisions governing the statute of limitations of its own motion.

Article 194 The statute of limitations shall be suspended if the claim is not exercised during the last 6 months of the statute of limitations:

(1) due to a force majeure event;

(2) as the obligee who is a person without capacity or with limited capacity for civil acts has no legal representative, or the legal representative has died or lost their capacity for civil acts;

(3) as no heir or administrator has been determined upon the opening of inheritance;

(4) as the obligee is controlled by the obligor or any other person; or

(5) for any other cause which frustrates the obligee from exercising the claim.

The statute of limitations shall expire after 6 months of the date on which the cause for its suspension is eliminated.

Article 195 The statute of limitations shall be interrupted and recounted from the end of the interruption or conclusion of the procedure relating thereto:

(1) if the obligee requests the obligor to perform its obligations;

(2) if the obligor agrees to perform its obligations;

(3) if the obligee brings a lawsuit or refers to arbitration; or

(4) in case of any other event which has the same effect as bringing a lawsuit or referring to arbitration.

Article 196 The statute of limitations shall not be applicable to:

(1) any claim for cease and desist, removal of the obstruction, or elimination of the danger;

(2) any claim for restitution filed by the holder of real property rights or registered personal property rights;

(3) any claim for payment of child, parental, or spousal maintenance; or

(4) any other claim to which the statute of limitations shall not be applicable according to law.

Article 197 The length and calculation and the causes for suspension or interruption of the statute of limitations shall be governed by law, and the agreement between the parties thereon shall be invalid.

Any party's prior waiver of its interests in the statute of limitations shall be invalid.

Article 198 The limitation period for filing an arbitration reference shall be governed by law or by the provisions governing the statute of limitations in the absence of an applicable provision.

Article 199 Unless otherwise specified by law, the duration of any party's right of revocation or termination specified by law or agreed upon by the parties shall be counted from the date on which the obligee knew or had reason to know that the right had arisen, and the provisions applicable to the suspension, interruption, and extension of the statute of limitations shall not be applicable to the calculation of the duration of such rights. The rights of revocation and termination shall be extinguished upon the expiration of its duration.