Hello Ms. Hong, for your requests, LawNet would like to give you the following information:
Prescriptive period means a time limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law (according to Clause 1 Article 149 of The Civil Code 2015 of Vietnam).
Factors |
Time limits |
Prescriptive periods |
Synopsis |
Time limit means a length of time calculated from one point of time to another point of time. |
Prescriptive period means a time limit provided by law where, upon its expiry, a legal consequence arises as prescribed by law. |
Unit |
May be calculated by reference to minutes, hours, days, weeks, months or years, or by reference to the happening of an event. |
Year |
Types |
+ Time limit determined by law + The term of the agreement according to wills of the parties + Time limit determined by a competent state agency when considering and settling specific cases.
|
+ Prescriptive period for enjoying civil rights + Prescriptive period for a release from civil obligations + Prescriptive period for initiating legal action + Prescriptive period for requesting resolution of a civil case. |
Commencement |
When a time limit is started, that date shall not be taken into account. |
Prescriptive period shall commence from the first day of it. |
Extension |
When a time limit is over, it shall be extended. |
No extension. |
Subjects |
- Competent authority - Person, organization |
Competent authorities, primarily Courts, investigative agencies or Procuracies |
Applicable cases |
-In civil transactions between persons and organizations - Competent authorities apply to solve specific problems (Ex: Detension period) |
Competent authorities apply to solve requests, deputes as prescribed in Vietnamese law. |
Consequences |
Subjects participating in such civil transactions shall bear some adverse consequences |
No consequences. |
Basis |
Article 144 - 148 of the Civil Code 2015 of Vietnam. |
Article 149 - 157 of the Civil Code 2015 of Vietnam. |
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