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The SC postponed the limitation periods

The SC postponed the limitation periods

Andrey Kornitsky, Senior Associate of the Law Firm "YUST", commented for the Kommersant newspaper on the draft of the resolution of the Supreme Court of Russia “On certain matters concerning the application of the limitation period provisions of the Civil Code of Russia”: "The provision on the maximum limitation period is absolutely correct, because that period is not to be reinstated”.

The lawyer clarifies: “This will help to prevent many disputes, in which the parties would have believed that they had the right to reinstate the limitation periods”. Still, he points out some drawbacks of the resolution: "The text of the draft contains the notion of the person authorized to act on behalf of a legal entity. This clause may have broad interpretation; in particular, it may include a person acting under a POA with a limited scope of powers. If such person learns about the fact of a breach of a right, one may hardly deem that the legal entity has also learned that”.

The draft, which is supposed to replace the similar document dated 2001, was returned for correction after representatives of the Prosecutor General’s Office had expressed their observations.

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