Study On The Application Of The Limititaion Of Action To The Return Of The Original Claim

As an important type of property right,there is a dispute about whether it should apply the limitation of action and how to apply it.In the academic circles,three viewpoints of "positive theory "," negative theory" and "differentiated application theory" are summarized.In this paper,the nature of the right to return the original as a starting point to explore the return of the original right to claim the application of the statute of limitations.By analyzing the nature of the right to claim the return of the original property,it is possible to apply the statute of limitations system to the claim which has the relative independence of property right and relativity.The function of limitation of action is to urge the obligee to exercise his right,reduce the burden of proof,reduce the trial burden of the court,and protect the trust interests of the third party.It is concluded that protecting the trust interest of the third party constitutes the legitimate basis of the application of the real right claim to the statute of limitations.Accordingly,return The combination of nature and limitation function to protect the trust interests of third parties is the dynamic treatment of static rights in modern trading society,which just constitutes the justification for the application of limitation system to return the original property claim,and its application limitation system conforms to the principle of good faith in civil law.However,the general principles of civil law and article 196(2)of the civil code(draft)stipulate that the exclusion of immovable and registered movable property from the statute of limitations system is an exception to the statute of limitations system.Adoption of legislation Interpretation,combined with domestic and foreign legislative provisions and China's national situation analysis of the reasons for the exception.At the same time,on this basis,it is expected to establish a time-limiting system in the future.