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On The Construction Of Prescription System Of Civil Law Of Our Country

Posted on:2006-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:L G YangFull Text:PDF
GTID:2166360152481176Subject:Law
Abstract/Summary:PDF Full Text Request
Prescription system of civil law is divided into acquisitive prescription and extinctive prescription. Prescription system of civil law, as an old and important civil legal system, originates from the ancient Roman law times, and modern civil law inherits this system, until contemporary civil law, prescription system has been wholly developed and perfected. No matter in the countries of the continental law system, and in countries of Anglo-American law system, although the national conditions are different, most counties in the world have accepted or regulated the system. Under the background that our country has confirmed the market economy structure, in order to adapt to the requirements of marketilization and globalization of economy, systematization and internationalization of laws, the author starts with the analysis of the value of prescription system, puts forward the tentative idea to construct acquisitive prescription system of our country and the plan to reconstruct the limitation system of our country.Firstly, the dissertation briefly introduces legal connotation and origin of prescription system and its legislative model, emphasizes to analyze the foundation of value of prescription system, which is the influence of exercise of civil rights upon freedom, order, fairness and efficiency, the draws the conclusion of value of prescription system. The author holds that prescription system has the values to stabilize social economic order, urge obligee to exercise rights in time, and be convenient for the people's courts to find out the facts of cases and correctly dispose disputes.Secondly, the dissertation conceives to build the acquisitive prescription system of our country. The dissertation emphasizes to introduce such legislative representatives in different periods of countries of continental law system as France, Germany and Japan, and the successful legislative examples in the counties of Anglo-American law system, then expounds the...
Keywords/Search Tags:civil law, prescription system, construction
PDF Full Text Request
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