The Statute of Limitations (Murūr Al-Zamān) in Civil Law Cases: From the Perspective Afghan Civil Code

Abstract

The Statute of Limitations is a fundamental legal principle that governs the timeframes within which claims can be initiated. This research study examines the application and implications of the Statute of Limitations in the Afghan Civil Code. The aim of the study is to understand the role of the Statute of Limitations in the Afghan legal system and its impact on both claimants and defendants. Its significance lies in its dual role of promoting justice and ensuring legal certainty. By setting a time limit for bringing forth claims, it prevents indefinite disputes, encourages timely resolution, and upholds procedural efficiency. This balance helps protect defendants from stale claims and ensures that evidence remains relevant and reliable. Understanding the Statute of Limitations is essential for appreciating how legal systems manage the interplay between the right to seek redress and the need for timely and orderly legal proceedings. This work employs the doctrinal research methodology along with descriptive, explanatory, and analytical research approaches. It is worth mentioning that this research study is entirely based on library sources. Most of the sources are reputable and trustworthy textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. The examination of the Statute of Limitations from the perspectives of the Afghan Civil Code establishes specific timeframes for filing claims, emphasizing legal certainty and procedural efficiency to prevent indefinite disputes and ensure timely resolutions.