limitations, statute of

limitations, statute of
Legislative act restricting the time within which legal proceedings may be brought, usually to a fixed period after the occurrence of the events that gave rise to the cause of action.

Such statutes are enacted to protect persons against claims made after evidence has been lost, memories have faded, or witnesses have disappeared. The periods prescribed for different actions in different jurisdictions vary considerably.

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law
      legislative act restricting the time within which legal proceedings may be brought, usually to a fixed period after the occurrence of the events that gave rise to the cause of action. Such statutes are enacted to protect persons against claims made after disputes have become stale, evidence has been lost, memories have faded, or witnesses have disappeared.

      Statutes of limitations appeared early in Roman law and form the basis of the limitations provided in the codes of civil-law (civil law) countries. In England limitations on actions to recover landed property were not instituted until the 16th century and those on personal actions not until the 17th. Civil actions commonly are limited in different periods by general statutes that classify the actions into broad groups. Although the periods prescribed are arbitrary, they bear a rough relation to the times for which reliable evidence of the respective transactions may be expected to endure. The initiation actions for recovery of real property (property law) and actions on contracts (contract) under seal are commonly limited to periods of from 10 to 20 years. Actions on oral or simple written contracts sometimes are limited to periods of from 3 to 6 years and those for personal injury to 3 years or less. There is considerable variation in the periods that are prescribed in different jurisdictions. For example, in Germany there is a general 30-year limitation on civil actions, but in some specific actions (e.g., tort and interest claims) the period may be only 2 or 3 years.

      In addition to general statutes of limitations, a large number of special laws limit the period within which particular actions by or against particular parties may be brought. Actions for slander, for claiming forfeitures or penalties, and against certain public officials frequently are restricted by short periods of limitation, usually less than six months. Proceedings involving the administration of estates are subject to short limitation periods, normally measured from the appointment of the executor or administrator.

      General statutes of limitations uniformly include provisions allowing persons who are legally disabled by infancy or mental incapacity at the time a cause of action arises to initiate the action within some fixed period after the disability has been removed. In cases of fraud when the injured party is for some time unaware of the existence of a cause of action, activation of the statute is delayed until such time as the facts reasonably might have been discovered. Similarly, the period of the statute does not go into effect during the time that the defendant is outside the jurisdiction and thus beyond the reach of its courts.

      In civil actions statutes of limitations have been held not to apply to a government suing in its own courts, by virtue of its sovereignty. However, in many instances legislatures have waived this governmental immunity by express statutory enactments.

      General statutes limiting the period within which prosecutions for crimes must be begun are common in civil-law countries and in the United States. In the United States the periods normally are shorter than in continental Europe. As with civil actions, the period prescribed in a criminal statute of limitations does not run in the case of a defendant who has fled or concealed himself in order to avoid prosecution. In England there is no general statute of limitations applicable to criminal actions, although statutes defining certain actions as criminal frequently have included time limits for their prosecution.

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Universalium. 2010.

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