Application to the court for the application of the limitation period
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To the judge of the Zhitikarinsky district court, A.H. Zhurunova.
from the representative of the defendant T.S.K. – Nigmetov S.D.
Statement of limitation period
The Zhitikarinsky District Court is conducting a civil case on the claim of L.G.V. to T.S.K. for the recovery of property from someone else's illegal possession. According to the statement of claim, a car purchase and sale transaction took place between the parties, no one disputes this fact. According to clause 4 of Article 187 of the Civil Code of the Republic of Kazakhstan, the limitation period does not apply to the claims of the owner or other legal owner to eliminate any violations of his rights, unless these violations were combined with the deprivation of possession (Articles 264, 265 of this Code);
Article 265 of the Civil Code of the Republic of Kazakhstan states that the rights provided for in Articles 259-264 of this Code also belong to a person who, although not the owner, owns property on the basis of economic management, operational management, permanent land use, or on another basis provided for by legislative acts or an agreement. This person has the right to defend his possession also against the owner.
178 of the Civil Code of the Republic of Kazakhstan – The total limitation period is 3 years.
180 of the Civil Code of the Republic of Kazakhstan - The limitation period begins on the day when the person learned or should have learned about the violation of the right.
According to the statement of claim, the transaction between the parties took place on June 16, 2015, the deadline for fulfilling the obligation of T.S.K. was 1 year, i.e. until June 16, 2016.
Application to the court for the application of the limitation period
In this regard, I believe that the deadline for the return of the car expired in June 2019.
Based on the above, guided by art. 179 of the Civil Code of the Republic of Kazakhstan, I ask:
apply the statute of limitations in this civil case.
05/12/2020 Nigmetov S.D.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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