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Reply of the Supreme People's Court on Issues concerning Suspension of the Statute of Limitations as Applied to the Trial of the Debt Dispute in the Case of China Everbright Bank Co., Ltd. v. Zhongyi Company | | 最高人民法院关于审理光大银行诉中一公司欠款纠纷一案适用诉讼时效中止问题的答复 |
| (No. 20 [2003] of Civil Division II of the Supreme People's Court on July 4, 2003) | | （2003年7月4日 [2003]民二他字第20号） |
| The Higher People's Court of Liaoning Province: | | 辽宁省高级人民法院： |
| Your Request for Instructions on Issues concerning Suspension of the Statute of Limitations as Applied to the Trial of the Debt Dispute under a Loan Contract in the Case of China Everbright Bank Co., Ltd. v. Zhongyi Company (No. 3 [2003], HPC, Liaoning) has been received. Upon deliberation, the following reply is made: | | 你院[2003]辽民二终字第3号《关于审理光大银行诉中一公司借款合同欠款纠纷一案有关适用诉讼时效中止问题的请示》收悉。经研究，答复如下： |
The Notice of the Supreme People's Court on Issues concerning Takeover of the Former China Investment Bank by China Everbright Bank Co., Ltd. (No. 291 [1999], SPC) (hereinafter referred to as the “Notice”) provides that the cases of economic disputes involving the former China Investment Bank which have not been accepted shall cease to be accepted temporarily to facilitate the handling of asset transfer formalities by China Investment Bank (“Investment Bank”) and China Everbright Bank (“Everbright”). As far as this case is concerned, when the period for temporarily suspending the acceptance of cases involving Investment Bank as prescribed in the Notice started, the performance period for the disputed debt giving rise to litigation between Everbright and Zhongyi Company did not expire, and the statute of limitations did not yet begin to run. Only upon completion of an asset transfer is the creditor able to know whether any debt that it has taken over is infringed upon. Therefore, in accordance with the provisions of Article 137 of the General Principles of the Civil Law of the People's Republic of China that “the statute of limitations begins to run when the victim knows or should have known that his or her rights are infringed upon,” the statute of limitations in this case would expire two years from the following day when the asset transfer was completed, i.e., when the period for suspending acceptance of cases as prescribed in the Notice expired (December 31, 1999). The legal statute of limitations did not expire when Everbright claimed repayment of debt against Zhongyi Company on January 17, 2001.
．．．．．． | | 我院在法明传[1999]291号《关于中国光大银行接收原中国投资银行有关问题的通知》(以下简称《通知》)中规定，对涉及原中国投资银行的经济纠纷案件尚未受理的暂不受理。其目的是为了方便投资银行与光大银行办理资产交接手续。就本案情况而言，在《通知》规定的暂缓受理涉及投资银行案件期间开始时，光大银行与中一公司所争讼债务的履行期尚未届满，诉讼时效期间尚未开始计算。只有在资产移交完毕后债权人方可知晓自己所接收的债务是否处于被侵害的情况。所以，依照《中华人民共和国民法通则》第一百三十七条关于“诉讼时效期间从知道或者应当知道权利被侵害时起计算”的规定，本案诉讼时效期间应当从资产交接完毕之日，即《通知》规定的中止期限届满日 (1999年12月31日)之次日起开始计算两年。光大银行于2001年1月17日向中一公司主张债权没有超过法定诉讼时效。
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