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A number of controversial issues of the limitation of actions

Author: WangChengJun
Tutor: LiuBaoYu
School: Shandong University
Course: Legal
Keywords: Limitation of actions Claim Acquisitive prescription Warranty period
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 349
Quote: 1
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Abstract


Limitation of actions is an important and unique issues in the theory and practice of civil law. The text is divided into three parts, respectively, from the point of view of theory, legislation and practices to explore this issue. First, from the start of the concept of limitation of actions and type of review, analysis of the trade-offs of the concept of limitation of actions that this pragmatic attitude should be adopted, no need to use to eliminate aging concept to replace the concept of limitation of actions. The completion of the effectiveness of the limitation of actions, is the generation of the right of defense of the obligor. Object of Limitation is right, but it is not all right to request fall into this category, only the rights enjoyed by directly pointing to the responsibility of the obligor, the requirements for protection of the right to the court, is the real object of the limitation of actions. At the legislative level, focuses on the limitation of actions, acquisitive prescription relationship that should be taken to the limitation of actions made limitation, respectively, under the legislative system; based on in-depth analysis on the Right to Petition the limitation of actions, I believe that the return of the original claims and restitution request rights should apply to the limitation of actions, and the problem of convergence analysis of the limitation of the right to return the original request time limit for action litigation acquisitive prescription; on limitation of actions guarantee period, the author analyzes existing legal and judicial interpretation on the basis of unreasonable regulations proposed amendments. In the level of judicial practice, selected five issues of dispute is more concentrated in trial practice analysis and put forward their own views. The consequences of the completion of the limitation of actions is the right of defense doctrine to adapt in the trial, the court can not take the initiative to apply the limitation of actions; starting without the limitation of actions to fulfill the term of the debt, I believe that a distinction should be made between the two cases of the grace period with no grace period, respectively. starting; withdrawal whether caused by the question of the interruption of the limitation of actions, and that the Court accepts the case to complete the delivery behavior, or the hearing date of the plaintiff without good reason refuses to appear in court to participate in the litigation and other reasons, the Court dealt with in accordance with the withdrawal should result in litigation the legal effect of the lapse of time; invalid contracts and the limitation of actions starting problems, the paper argues that the contract shall be invalid in principle applicable statute of limitations, and specific distinction between the four scenarios, the analysis of the different starting standard; debtor in reminders for Prescription Remittance Advice effectiveness signature, in recognition of the judicial interpretation of the spirit of judicial interpretation applicable to impose severe restrictions on the interpretation of the dunning notices must have explicitly require the debtor to fulfill the repayment obligations only legally binding.

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