On The Object Of The Limitation Of Action

The object of limitation of action is the foundation of the limitation of action system which this paper is foused mainly on the perfecting. There are 5 chapters in this paper, the introduction and postscript not included.The introduction deals with the definition, the categories, the characters, and the origin of the limitation of action, and the reason of appellation of the limitation of action in our country is concerned. The system takes an extremely important role in civil law system. it is academic and practically meaningful to study the object and scope of limitation of action.Chapter 1 explains the object of limitation of action should be the claim right. With regard to the disadvantages in the General Principles of the Civil Law of the People's Republic of China of notformulating the object and the scope of the limitation of action, this chapter analyzes three theories on legislative patterns. After analyzing the right will be vanished with the expiration of the limitation of action, I indicate definitely that the object of limitation of action is the right of claim.Chapter 2 explains the reason of the object of limitation of action. It is due to the characters and the functions of the claim right. Each kind of right consists of the noumenon of the right and the claim right. The noumenon of the right reflects the interest, and the claim right is occurred due to the inviolability of the noumenon of the right. Without the claim right, the recovering of the obligee's right depends on the willing fulfillment of the obligor. Each right can function or recover with the help of the claim right. Because the claim right owns those characters, functions and can be found out whether exercising remissly or not easily, we take it as the object of limitation of action. The paper explains why the right of control, the right of formation and the right of demur cannot be the object of limitation of action in this chapter, too.Chapter 3 discusses three essential factors and the scope of the limitation of action. Not every right of claim is fit for it. The claim right on real right can be the object of it, but the claim right on realright should be treated differently for their characters and their occuring reasons. The claim right on the personal right is characterized with the property interest. And in the judicial practice, the claim right on the costs of upbringing from their parents and the support payments involved in the specific counterpart are characterized with property qualities, which is not essentially different from debt right, so they should be the objects of limitation of action. Besides, chapter 3 explains the overlap of the object of limitation of action and the claim right is not fit for the limitation of action.Chapter 4 explains the relationship between the object of limitation of action and the object of positive prescription, the time period of limitation of action, the initiation of limitation of action and the abandonment of the limitation of action interest in order to further figure out the importance of the object of limitation of action for the relative content of limitation of action.Chapter 5 concerns some disputable questions on the limitation of action object in the judicial practice. It emphasizes on whether the claim right on the invalid civil acts, rescindable civil acts or the real right of secure can be the object of the limitation of action. And other questions as whether the debt right can be countervailedafter the object of limitation of action diminishes are concerned. The rescindable civil act is valid before rescinded, and is invalid after rescinded. The invalid civil act can be the object of limitation of action. The real right of secure can not be the object of limitation. The debt right exceeded the limitation of action is countervailable with the approval of both parties. Otherwise, the debt right cannot countervail except for what is within the limitation and is fit for countervailing.In conclusion, I would like to give a summarization and point put that...