The essence of the limitation period

The essence of the limitation period

    The limitation period presupposes an expired - in spite of the suspension and interruption - period of time stipulated by the law, during which the person entitled as a bearer of a substantive subjective right has not brought it before a court for his defense. The limitation peri od does not presuppose the existence of actually existing and valid substantive subjective right in the patrimonium of a certain person, but a claim of that person, who legitimizes himself as the holder of a subjective right, that the right exists at the moment of the claim, is valid and violated, is in need of judicial protection. For its limitation and limitation effects it is necessary to:  Have a claim (claim); Да The claim (claim) has not been filed within the set deadline; Срок the statutory period has expired;  The claim (claim) should be brought after the deadline; Да The defendant has raised a statute of limitations. However, neither the limitation period nor the right exercised against it are hours of the actual composition of the limitation period. The statute of limitations does not give rise to it as a legal fact. It only validates the statute of limitations before the body concerned and obliges it to apply it, if any, by "lifting the prohibition" before it to engage ex officio (without a request) with the question of whether a claimed subjective right is extinguished or not. The limitation period is not a subjective right. The limitation period has an ipso facto effect on the content of the claimed subjective right at a past moment, and the objection is the procedural way that the effect of the legal fact of the limitation period is taken into account and its extinguishing effects are declared legally valid. The subjective rights affected by the limitation period become natural ones. In conclusion, it may be said that the limitation period has expired - despite the suspension and the interruption - a period of time stipulated by law, during which the person entitled as the bearer of an existing and valid substantive subjective right did not bring it to court for his defense, as a result of which a qualitative change in the subjective right of possession occurs, it becomes a natural right which, if objected by the debtor, will be refused judicial protection and enforcement.