ზოგიერთი სამოქალაქო საპროცესო მოქმედების გავლენა სახელშეკრულებო მოთხოვნათა სასარჩელო ხანდაზმულობაზე

Abstract

The concept of statute of limitations in the material sense is closely related to procedural law. Restoration of a violated right of a person is carried out by filing a lawsuit in court. That is why it is crucial to analyze the issue of the impact of the statute of limitations on individual civil litigation. The article is devoted to the study of the issue of the impact of certain procedural actions, including the suitability of the party, the rejection of the claim, investigating the issues related to the impact of filing a claim on the statute of limitations. In general, it should be taken into account that the given procedural actions have important legal consequences for the party, although it is essential to consider these procedural actions in terms of statute of limitations, in particular, to assess whether the plaintiff or defendant's involvement in legal action leads to the termination of statute of limitations. In general, it should be noted that the filing of a claim by a proper plaintiff constitutes a means of terminating the statute of limitations on the claim, although the party's inadequate consideration substantially alters the legal status. In addition, the legal consequences of a denial of a claim are not unequivocally identified by law, in particular, it is unclear whether a waiver of a claim is a valid remedy for termination of the statute of limitations. Based on the principle of definiteness, a clear regulation should be established regarding the given issue. However, in the current legislative regulation, no obvious impact of filing a claim is identified before initiating the lawsuit on the statute of limitations. The article also devotes to the analysis of the peculiarities of making a judgment in absentia in the statute of limitations and the application of the statute of limitations in the court of higher instance. It should be noted that there is a heterogeneous approach to the named issues, which, given the essence of the statute of limitations, may lead to a violation of the legitimate interest of the person. An in-depth study of the mentioned issues is presented and recommendations are proposed to ensure the identification and uniform explanation of the issues.