A contract over the statute of limitations
After the expiration of the statutory period of limitation, the right to exercise the right to claim, the people's court will no longer be protected. It is worth noting that, after the expiration of the statute of limitations, although the obligor may refuse to fulfill its obligations, the exercise of the right to claim only obstacles, the right itself and the right to claim is not extinguished. The parties over the statute of limitations, the people's court shall accept the lawsuit. After accepting the case, if the other party raises the defense of the statute of limitations and finds that there is no cause for suspension, interruption or extension, the court shall reject the claim. If the other party does not raise the defense of the statute of limitations, it is deemed to automatically waive the right, the court shall not take the initiative to apply the statute of limitations ex officio, shall be accepted in support of its claim.
Two, the court how to deal with the contract exceeds the statute of limitations
For more than the statute of limitations, the court will accept the case, but will prompt the parties, the case into the trial court, the court will also take the initiative to review the issue of the statute of limitations. Therefore, even if the opposing party does not plead that the statute of limitations has been exceeded, the court will take the initiative to review the case, and if it finds that there is no cause for interruption, suspension or extension, it will dismiss the claim by judgment. Dismissal of the claim in the form of a judgment also indicates that the court has reviewed the substantive issues, the court will not deal with this dispute again, and it is impossible to apply for enforcement.
Legal basis
Article 558 of the Civil Code
After the termination of the creditor's debt, the parties shall follow the principle of good faith and other principles, and fulfill the obligations of notification, assistance, confidentiality, and recycling of old goods in accordance with the customs of the transaction.