|
A statute of repose (sometimes called a nonclaim statute), like a statute of limitation, is a statute that cuts off certain legal rights if they are not acted on by a certain deadline. ==Statutes of repose and statutes of limitation== Most courts hold that statutes of repose are distinct from statutes of limitation. "Unlike a statute of limitations, a statute of repose is not a limitation of a plaintiff’s remedy, but rather defines the right involved in terms of the time allowed to bring suit."〔''P. Stolz Family Partnership LP v. Daum''., 355 F.3d 92, 102 (2d Cir. 2004).〕 Statutes of repose also differ from statutes of limitation in that the deadlines imposed by statutes of repose are enforced much more strictly. The operation of statutes of limitation can be avoided or ''tolled'' by a number of equitable factors, such as the minority of the injured party, or attempts by a tortfeasor to conceal evidence of responsibility. Some statutes of limitation only begin to run when the injury complained of is discovered. All statutes of limitation are statutes of repose, but some statutes of repose operate differently from statutes of limitation. As the U.S. Supreme Court noted, statutes of limitation and statutes of repose are often mistaken for the same thing, even by Congress in the enactment of federal statutes. : While the term "statute of limitations" has acquired a precise meaning, distinct from "statute of repose," and while that is its primary meaning, it must be acknowledged that the term "statute of limitations" is sometimes used in a less formal way. In that sense, it can refer to any provision restricting the time in which a plaintiff must bring suit. ... Congress has used the term "statute of limitations" when enacting statutes of repose. See, e.g., 15 U.S.C. § 78u-6(h)(1)(B)(iii)(I)(aa) (2012 ed.) (creating a statute of repose and placing it in a provision entitled "Statute of limitations"); 42 U.S.C. § 2278 (same). And petitioner does not point out an example in which Congress has used the term "statute of repose." So the Court must proceed to examine other evidence of the meaning of the term "statute of limitations" as it is used in § 9658. 〔''CTS Corp. v. Waldburger''., 134 S. Ct. 2175, 2185 (2014)〕 A statute of repose may impose a much stricter deadline than a statute of limitation. A statute of repose, in contrast to a statute of limitations, "is designed to bar actions after a specified period of time has run from the occurrence of some event other than the injury which gave rise to the claim."〔''Gray v. Daimler Chrysler Corp''., 821 N.E.2d 431 (Ind.Ct.App 2005); ''Kissel v. Rosenbaum'', 579 N.E.2d 1322, 1326 (Ind.Ct.App.1991).〕 Statutes of repose exist in a number of contexts. Some states have them in the context of products liability law. Probate law is another area where statutes of repose are found in many jurisdictions. Simply put, the difference is that a statute of limitations is triggered by an injury, while a statute of repose is triggered by the completion of an act. An example of the statute of repose trigger is when a construction project is "substantially completed," meaning that just those items on a "punch list" remain. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Statute of repose」の詳細全文を読む スポンサード リンク
|