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Lending limitation

  lending is the Statute of limitations, but determination of the limitation is also needed. Beam married on June 16, 1999, to lend a friend Huang 10000 Yuan in cash, the two sides not agreed repayment date and interest on the ious. In February 2001, died in a car accident. Beam holding ious to many times Huang collection letters. Hwang only orally promised to pay, but no money to push on the drag, but they did not identify the specific repayment date. January 2005 the plaintiff, asked the defendant to repay his debts 10000 Yuan. Defendant the loan is already more than two years the Statute of limitations for the not agreed to repay. During the trial, the plaintiffs also failed to provide evidence to the defendant to two years borrowing.
the particularity of this case is to determine the Statute of limitations issue. Focus of controversy in the case was whether the accused Hwang of anti-discrimination grounds set up. This led to the application of limitations on the case, is the longest limitation prescribed by the applicable law (for 20 years) to deal with the case, or a general limitation of consideration of this case for two years.
based on the particular circumstances of the present case, identified are as follows: whether based on a claim by a defendant to the plaintiff have limitation of proof cannot, a defence not established. In this case, the defendant owed to more than two years the Statute of limitations by refusing to pay, is a proposition. Insisting that the plaintiff's burden of proof on the defendant's claims in the absence of any evidence that would prove to be the default, and is also a clear violation of "who is who of proof" provision was unfair to the plaintiff.
of combination of cases and laws, made the following decision. In the case of the debtor-creditor relationship very clear law as defender of the legitimate rights and interests, should be in a distinct manner to protect the legitimate interests of rights holders and to punish malicious wrongdoing in duty. Taking into account the principle of equity, this case should be left to the defence (the duty) of proof to the plaintiff's claim exceeded the Statute of limitations, if the accused does not have a valid evidence, found that the plaintiff's claim does not exceed the Statute of limitations. As far as the present case, is the reason why the defendant is not established, supported the plaintiff's claim.

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