Main tasks and practical skills:
A contract for a loan is often implemented over a long time and can often be amended and supplemented. The Judge, therefore, should determine the time limit for initiating a legal action.
- Article 56 of the Ordinance on Civil Contracts shall apply to a contract entered prior to 1 July 1996, with a time limit of three years for initiating a legal action as from the date when any breach of the contract occurred.
- The time when the contract is entered shall be determined in accordance with Sub-section 1.1. of Section 1 of Part I of Resolution No. 02/2004/NQ-HDTP regarding cases where a new agreement is reached.
- The provisions of Article 171 of the Civil Code on time limits for initiating a legal action shall apply when determining the time limits for initiating a legal action with respect to disputes over the contract entered prior to 1 July 1996 (because such provisions had not existed before this date).
- Time limits for initiating a legal action against a contract entered as from 1 July 1996 to 1 January 2005, as provided in Sub-section 1.2. of Section 1 of Part I of Resolution No. 02/2004/NQ-HDTP, shall be two years as from 1 January 2005 if the dispute arose prior to 1 January 2005.
Noting that Resolution No. 02/2004/NQ-HDTP provides that time limits for initiating a legal action shall be calculated as from the date when the «dispute arises», which also means the date when the «breach of the contract occurs» (Article 56 of the Ordinance on Civil Contracts), or the date when «legal rights and interests ... are violated» (Point a of Item 3 of Article 159 of the CPC).
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