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Research on the Legal System of Invalidation of Rights

Author: YangTianHong
Tutor: YuanWenQuan
School: Chongqing University
Course: Civil and Commercial Law
Keywords: Rights to lapse Constituent elements The force of law Legislative Design
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 77
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Abstract


The Prescription System is an important system of civil law . Aging system of civil legislation only stipulates the limitation of actions and the scheduled period, with the acceleration of the process of the constant improvement of China's socialist market economic system and the rule of law , this system is not adaptability are increasingly apparent . Rights began in earnest in the German judicial practice of failure of the system to improve the the prescription system 's content system , on the one hand can make up for the narrow scope of the scheduled period , on the other hand can soften the stiffness of the system of limitation of actions . With the civil law of Japan and Taiwan regions have established a form of judicial precedent system of rights to lapse , in China's mainland , and also study the theoretical and practical needs of the system . The text is divided into five parts: The first part is an overview of the rights to lapse system , four aspects of the major failure of the system of meanings from the right , the nature of the legal basis and the origin of the system are introduced . The second part discusses the rights lapse system applicable to civil rights , rights to lapse system is generally applicable to the rights of the civil rights . The third part from the rights lapse constituent elements of the system to explore the system , that the rights to lapse system should have the right not to exercise the right to objective behavior from the perspective of the rights of people to observe , to observe from the perspective of the obligation of people shall be obligated to trust , from a legal should reflect the point of view of the legal interests of trade-offs and choices . Fourth section analyzes the the extinguishment system applicable legal effect , and that the rights to lapse regime applicable to lead the legal consequences of the elimination of the substantive rights The last part of the paper around the rights to failure of the system to expand our legislation , and that China should by judicial interpretation in the form of rights recognized by the failure of the system , when the conditions extinguishment system is written into the Civil Code .

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