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Loss of statute of limitations and waiver of statute of limitations

The statute of limitations stipulates waiver and loss. When counting the statute of limitations for cashing repayments, you need to know the terms of both. The Civil Code stipulates that you must not promise not to exercise the right of prescription at the time of contract. In other words, waiver of statute of limitations is an illegal act by making a promise to the other party not to use the right of statute of limitations. This is a law to protect the borrower and prevent the weakness of the position from being used at the time of contract. However, if this article is interpreted in the opposite direction, the benefits of the statute of limitations can be waived after the statute of limitations has been completed. Unlike abandonment, loss of statute of limitations means that the statute of limitations does not expire even after many years have passed. In other words, you still have to pay back your debt. Even if the statute of limitations has been established, the right to the statute of limitations will be lost if you accept the repayment or agree to the repayment. There is a reason for the loss of the statute of limitations, and even though I was willing to pay before the statute of limitations was established, claiming the extinction of debt by knowing that the statute of limitations was established would disappoint the other party’s expectations. , It depends on the idea that it is inconsistent with the way of aging. A statute of limitations once waived will no longer be applied. That is the big difference between abandonment and loss. The number of days can be recounted if reset due to loss of statute of limitations.

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