The Application Range Of Limitation Of Action

The application range of limitation of action has always been a question without conclusion in the civil law field of China. The current views are mainly being paid to the individual discussions on if limitation of action applies to a concrete civil right. But there is no a comprehensive research yet on what standard should be taken to judge if limitation of action applies to a civil right. This article, based on the purpose of limitation of action and the issues of relevant right period, aims to establish concrete standards for judging if limitation of action applies to a civil right, through re-studying the purpose of limitation of action and precisely grasping lawsuit time limit and relations of right limitations.This article consists of six parts. Part I is involved in the choice of two basic concepts: if concept of "limitation of action" or concept of "prescription" should be adopted; if concept of "application range of limitation of action" or "objective of limitation of action" be adopted. Part II describes the aim of system of limitation of action and the restudy to the traditional theory. Upon analysis and comparison over the existing theories on the system of limitation of action, questioning "the theory of tri-objectives", this part illustrate the points of view to the objective of the system of limitation of action . Part III describes the significance of the application scope of limitation of action. Part IV proposes some typical legislation examples and comparisons of China legislation. This part points out the deficiencies of current legislation on the application scope of limitation of action. Part V describes the relation between limitation of action and debts obligation limitation. This part analyzes relation between creditor's right and right of claim as well as relation between limitation of action and debts obligation limitation. Part VI describes the judgment standard if limitation of action applies to civil right. This part proposes four judgment standards, namely, judging according to the properties of a civil right; judging according to the objective of the system of limitation of action , judging according to the relation of limitation of action andright period, and judgingaccording to the social reality and trade practice. In compliance with these judging standards, and based on the society reality and trade practice, this artlicle makes a conclusion that the civil right, to which limitation of action, should be considered in principle as right of claim for remedial right.