The Applicenr Statute Of Limitations Of Invalid Contract

The problem about the statute of limitations of invalid contract has always been hotlydebated by theoretical and practical circles. The focus of the controversy is whether thestatute of limitations shall apply toThe confirming of the invalid contract. If it’s applicable, how to count it.The"contractlaw" and relevant judicial interpretations have no clear rules for these problems, at thesame time it also failed to form a unified understanding, which lead to similar cases havedifferent verdicts. In China’s current practice and theory, whether apply to the statute oflimitations jurists have different views and standpoints, after the author states the differentviews about whether the statute of limitations shall apply to the confirming of the invalidcontract,the author puts forward his own point of view that the statute of limitations shallapply to the confirming of the invalid contract.In the author’s view from the order andjustice value of law, contract law and the legislative purpose, the object of the statute oflimitations these three aspects the statute of limitations shall apply to the confirming of theinvalid contract. Property returned and compensation claims are caused by the confirmingof the invalid contract. As for the return of property right, the author thinks that it shoulddiffer the the registration of real property and unregistered real estate and determinewhether it apply to the statute of limitations. Invalid contract expiration of the limitationshould begin from the contract confirmation calculations, without the performing period orthe peforming period can’t be confirmed,we can count the statute of limitations from theday that the creditors request the performing of the debt but the debtors refuse tofulfill.After the contract is confirmed as invalid, the right of Property returned and claimcompensation shall be calculated from when the contract is confirmed as invalid.