«Fact» continues to publish «Recognize and protect your rights». There are many cases when citizens are not able to protect their rights because they are unaware, and sometimes some state institutions confuse them even more.
The daily, in partnership with the Chamber of Advocates of the Republic of Armenia, is now organizing a public awareness campaign to help our citizens know and defend their rights. It should also be noted that every Thursday from 10:00 to 17:00 the Public Defender’s Office of the Chamber of Advocates provides free consultation to all citizens of the Republic of Armenia.
Karen Smbatyan (last name changed-edited) applied to «Fact» editorial office.
Question: For one and a half years, I have borrowed money from one person and I cannot get it back, I have taken a military brochure and a bond that states the amount and term of the debt. One year has elapsed since that date. What can I do?
Attorney Ashot Khloyan replies.
Citizens have borrowed, as well as obligatory legal relations, which are regulated by the relevant norms of the RA Civil Code.
A loan agreement has been signed since the transfer of the amount, the fact of which is confirmed by the written debt issued by the debtor.
In the described case, if one year has elapsed since the expiration of the term specified in the bond and the debtor fails to repay the sum, the creditor shall have the right to sue the claimor, as well as to demand payment of interest provided by law.
As far as taking the military brochure from the debtor is concerned, this action cannot be considered as securing fulfillment of obligations, ie this fact does not solve any problem from the legal point of view.
It should also be reminded that the total period of limitation of the claim is three years, and the period of protection of the right by the claim of the infringer is considered to be a statute of limitation.
For obligations that have a specified time limit for performance, the statutory limitation period begins with the expiration of that period.
In this case, after the expiry of the term specified in the contract (as early as one year ago) the statute of limitations for the creditor’s infringement right has begun, so the latter has two years to file a lawsuit.