Duration Of Time Limit On Litigation

DigestStemed from Roma Law,the system of time limit on litigation (time limit on extinguishment) is the produce of economic development ,is an important system of morden civil law. Time limit on Litigation is a legal fact that the right will charge when righter does not exercise his right over a legal period. The purpose that civil law established time limit is that the right should be limited to exercise through duration, the existing fact should be respected , such system can stabilize social economic order, make better use of property and promote the recycling of social economy. So, the core of time limit is to define the duration of time limit. In Chinese Civil Law, there are three kinds of time limit, they are general(common) duration of time limit, special(short-term) duration of time limit and longest duration of time limit. I think nowaday's regulation on duration of time limit is too simple, lack of thinking on integrity in such system, and lack of practicable. Such shortcomings are shown as follows: common duration of time limit is too short; there is no clear distinction between common duration and special duration. The situation where what kind of duration should be used is not clear; The law does not regulete the duration that should be recalculated ; the nature of longest duration of time limit is not clear, etc. Such duration of time limit in civil law at present doesn't realize the initial purpose of legislation, doesn't reach the purpose to maintain the social economic order through the limitation to the right. Such system of time limit has brought much disadvantages. A lot of people don't understand such system. There are many criticism and argument in academia. It is necessary to reform and perfect such system on time limit.In the course of drafting the Civil Code of the People's Republic of China, we think over the merit of today's duration time limit in civil law, I recommend the following three principles on legislation of duration of time limit in civil law: the first one is protecting social order and safety of transaction; the second one is based on national situation, learning from foreign experience on legislation. In accordance with such prineiples, when we regulate specifically our duration of time limit, we should extend suitably common duration of time limit. We should define the range of each type of duration that will be applied. Pursuant to different reason and subject matter in each case, the situation that the duration of time limit should be calculated or recalculated should be regulated. The system concerning suspension,pause,extension should be perfected. Our duration of time limit should be more perfect, more scientific and practicable.