Article 188

The limitation period for a person to request the people’s court to protect his civil-law rights is three years, unless otherwise provided by law. 
 

Unless otherwise provided by law, the limitation period begins from the date when the right holder knows or should have known that his right has been harmed and that who is the obligor. However, no protection to a right is to be granted by the people’s court if 20 years have lapsed since the date when the injury occurs, except that the people’s court may, upon request of the right holder, extend the limitation period under special circumstances.

Comment: from above provisions, we can see that the general limitation period is 3 years in China. 
 

Article 189

Where the parties agree on payment of a debt by installment, the limitation period begins from the date when the last installment is due.

Comment: The limitation period fro the whole debt  begins from the date when the last installment is due. This is in favor for the creditor. 
 

Article 190

The limitation period for a person with no or limited capacity for performing civil juristic acts to bring a claim against his legal representative begins from the date when the agency by operation of law is terminated.
 

Article 191

The limitation period for a minor to bring a sexual molestation claim against the offender begins from the date when the minor reaches the age of 18.

Comment: This provision is to give minors better protection. 
 

Article 192

Expiration of the limitation period may be used by an obligor as a defense against a claim of non-performance.

An obligor who agrees to perform a prior obligation after the limitation period expires may not later on use the expiration of the limitation period as a defense, and an obligor who has voluntarily performed such a prior obligation may not later on demand for restitution.

 

Article 193

The people’s court shall not apply the provisions on limitation periods on its own initiative.

 

Article 194

The limitation period is suspended if, within the last six months of the limitation period, a right holder is unable to exercise the right to claim owing to the existence of one of the following obstacles:

(1) where there is force majeure;

(2) where the right holder with no or limited capacity for performing civil juristic acts has no legal representative, or his legal representative deceases or loses the capacity for performing civil juristic acts or the right to  resentation;

(3) where no heir or administrator of estate has been determined after the opening of succession;

(4) where the right holder is controlled by the obligor or another person; or

(5) where there are other obstacles that cause the right holder unable to exercise the right to claim.

The limitation period shall expire six months after the date when the cause for suspension is removed.

 

Article 195

A limitation period is interrupted under any of the following circumstances, and the limitation period shall run anew from the time of interruption or the time when the relevant proceeding is completed:

(1) the right holder requests the obligor to perform the obligation;

(2) the obligor agrees to perform the obligation;

(3) the right holder initiates a lawsuit or arbitration proceeding against the obligor; or

(4) there exists any other circumstance that has the same effect as initiating a lawsuit or arbitration proceeding by the right holder.
 

Article 196

The limitation period does not apply to the following rights to claim:

(1) a claim for cessation of the infringement, removal of the nuisance, or elimination of the danger;

(2) a claim for return of property of a person who has a real right in an immovable or a registered movable roperty;

(3) a claim for payment of child support or support for other family members; or

(4) any other claims to which the limitation period is not applicable in accordance with law.

 

Article 197

The time period, counting methods, and the grounds for suspension and interruption of the limitation period are provided by law, and any arrangement otherwise agreed by the parties is void. An anticipatory waiver of one’s interests in the limitation period made by the parties is void.
 

Article 198

Any provisions of law regulating the limitation period for arbitration shall be followed; in the absence of such provisions, the provisions on limitation period for litigation provided herein shall be applied mutatis mutandis.
 

Article 199

The time period within which a right holder may exercise certain rights, such as the right to revocation and the right to rescission, which are provided by law or agreed by the parties shall begin, unless otherwise provided by law, from the date when the right holder knows or should have known that he has such a right, and the provisions

on the suspension, interruption, or extension of the limitation period shall not be applicable. Upon expiration of the time period, the right to revocation, the right to rescission, and the like rights are extinguished.