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The Research on the Some Problems in the Limitation of Action

Author: ChenZuo
Tutor: ChiZhongLian
School: Xinjiang Normal University
Course: Civil and Commercial Law
Keywords: the system of limation of action defence invalid-contract improve
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 183
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Abstract

The Limitation of action is designed at the seventh chapter in the Civil Law However,there is a lot of shortcoming which should be studied,such as,the effective of the Limitation of action is not cleared;it is incorrect that the defence based Limitation of action was advocated by the justice;there is still black in whether Limitation of action can be applied to invalid contracts.As a result countermeasures to the current problems should be adopted to improve the limitation of action .This article consists of six parts. The charpter1 holds that the Acquisitive Preseriptions hould be built up to improve the system of legsilation .It is necessary to rule the Acquisitive Preseription to improve the system of legsilation,meanwhile,there is defference betwwen Acquisitive PreseriPtion and Limitation of action ,as a result , Acquisitive Preseription and Limitation of action should designed at the deffereent chapter.The charpter2 expplains that the Limitation of action should be adopted as concept.there is a hot aregument about limiattion of action and prescription. Some pepole claim that Limiattion of action mean to This dispute did not on the earth konow imitation of action and the Acquisitive PreseriPtion There is defference betwwen prescription and limitation of action.the concept named the Limitation of action is fit for the need of the law .The charpter 3 believe the effective of the Limiattion of action is defence to the right there is a lot of defeciency in the damagement of the ohers.The defence to the right can be adjusted betwwen law and ethicality.so,the defence to the right should be bulit up.The charpter 4 thinks the defence shouild be entiltled to citizen .It is wrong that the justice applied the defence to judge the lawsuit. the defence to justice should prohibit in Roma where is known for the region of prescription.This spirit is inherebited to the world.The charpter 5 claims it is necessary to improve the limitation of action can beapplied to invalid contracts.It is black in law field.No agreement is achieved in the conference because there is a different claims the learned adopts.The right to absolute the invalid contracts should be adjusted by Acquisitive Preseription.the right to get rid of the invalid contracts should not be adjusted to Limitation of action.however,the result from the invalid contracts should be adopted to the Limitation of action. The charpter 6 thinks measures ,such as ,the time of normal Limitation of action should be long ,can be get rid of the problems in the time of Limitation of action

The Research on the Some Problems in the Limitation of Action

Abstract

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