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The Perfection Of Chinese Civil Prescription System

Posted on:2006-11-20Degree:MasterType:Thesis
Country:ChinaCandidate:Y F LaiFull Text:PDF
GTID:2166360155470902Subject:Economic Law
Abstract/Summary:PDF Full Text Request
While China Civil Code is being drafted out, this dissertation discusses how to perfect the domestic Civil Prescription System. Based on the basic civil law theory, this dissertation tends to systematically and deeply explore the problems related to domestic Civil Prescription by comprehensive methods including analytical method, inductive method and comparative method, in order to provide feasible advices on the drafting of China Civil Code.The dissertation includes three parts. In the first part, the history and the present legislation of Civil Prescription are discussed to outline the Civil Prescription System as the basis for the following words. The second part points out the imperfection of the domestic Civil Prescription System and its limitation, and analyses the insufficiencies of the legislative design in the draft of China Civil Code. This part is focused on the problems on the judicial practice and civil law theory to further explicate the object and point in the legislative perfection. The third part is the most important, which is targeted at the imperfection of the domestic Civil Prescription System and insufficiency of the legislative design in the draft of China Civil Code. Referring to overseas prescription system legislation, the dissertation provides legislative suggestions on the perfection of domestic Civil Prescription System, as well as the detailed legislative design, by theoretical demonstration and feasibility analysis...
Keywords/Search Tags:prescription, negative prescription, positive prescription, perfect suggestion
PDF Full Text Request
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