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Probing into the Limitationg of Action Concerning the Petition Right on Property

Author: YangShengYue
Tutor: LiuYinLiang；YanYing
School: Inner Mongolia University
Course: Legal
Keywords: limitation of action right of the real claim scope of application logic angle value analysis
CLC: D913
Type: Master's thesis
Year: 2009
Downloads: 181
Quote: 0
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Abstract


It is variable whether or not right of the real claim can be cancelled a matter of time limits imposed by the laws in the different countries and it keeps arguing on it in the academic area. There is much research in to china, but so far it is still not defined by the Chinese law. In this thesis comparing and analytical methods have been used to investigate in extinctive prescription of right of the real claim based on the previous literature. The study on extinctive prescription of right of the real claim may contribute to the academic ideas.The thesis includes five aspects apart from introduction and comclusion: (1) the right of the real claim limitation of action suitable logic inspection. First, has analyzed the limitation of action object and the potency; Next, has analyzed the right of the real claim nature; Finally, obtains from the legal logic angle speaks the right of the real claim that the power may be suitable the limitation of action system. (2) the right of the real claim limitation of action suitable value analysis. First, has analyzed the limitation of action system’s essential function; Next, analysis limits the right of the real claim type; Finally, to each type’s the right of the real claim that the power is suitable the limitation of action to carry on the necessary value analysis. (3) the right of the real claim limitation of action suitable system construction. The design for future extinctive prescription of right of the real claim: Extinctive prescription should be enacted according classes. Un-registration should be applied to extinctive prescription in contrast to the registration. Registration should not be applied. According to the categories of right of the real claim, harm-preventing claiming right and harm-excluding claiming right should not be applied to extinctive prescription but return claiming right should be applied.

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