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The Research of Limitation on Property Right to Request

Author: DingHaiMing
Tutor: LiuZhiGang
School: Hebei University
Course: Legal
Keywords: property rights limitation of action application
CLC: D913
Type: Master's thesis
Year: 2009
Downloads: 157
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Abstract


Property rights regarding the right to request the issue of applicable statute of limitations, our country a lot of academia has long been controversial."Property Law" promulgated by then, in Chapter III provides for the protection of property rights approach, however, as a whole, the Ministry of property law, nor about property rights protection provisions of Limitation of Action.Property requests the issue of the right to limitation of action, related to the extent to which the protection of property rights and protect property rights, in what manner, these and the value of the property law concept and technology is closely related to legislation, therefore, quite necessary to explore.This topic is defined as "property rights the right to request the issue of limitation of action research",aimed to study and explore the nature of property rights claims, as well as the limitation of the relationship between the object——This is the premise of the theory of article to come to the right to request the application of Property Limitation of actions, as well as how to apply the statute of limitations conclusions.Article first limitation of the concept of origin and first analysis of the purpose of limitation of action, summed up the proceedings after the expiry of the validity of statute of limitations defenses are the right to happen, and then to the right to request the object lock. Property rights in order to further clarify the right to request the right to request the special statute of limitations applies to questions, the article also by its relationship with property rights, creditor’s rights and the right to request the concept of the relative ratio, Breakthrough "property rights-claims" the shackles of the framework of the dual structure, pointed out that the request for power and property rights and claims the concept is not the same level, it is not a basic right, but the basic right to a means of protection. Property claims are one category of claims, property rights are a means of protection so as to arrive at the request of the right of property rights applicable statute of limitations feasibility conclusions.At the end of this article compared the Legislative Example at home and abroad on the basis of detailed analysis of the various types of property rights claims, one by one put forward the views of its application.

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