Font Size: a A A

A Study Of Applicable Laws To Limitation Of Actions

Posted on:2007-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:X ZhouFull Text:PDF
GTID:2166360182977518Subject:International Law
Abstract/Summary:PDF Full Text Request
A limitations system, which sets time limits for bringing court proceedings, must strike a proper balance among the competing interests of potential claimants, potential defendants and society at large. As to choice of limitations statute in the context of international civil actions, the traditional approaches, that most civil law countries classify prescription, i.e. the limitation of actions, as a substantive institution with the result that it is governed by the lex causae while common law countries classify the limitation of actions as a concept of procedural law and therefore regard the lex fori as applicable, both go to extremes to some extent so as not to pay sufficient attention to proper balance among distinct subjects' interests. The newly emerging trend in this scope is to make a comprehensive survey of the limitations statutes of the legal systems to which lex causae and lex fori belong individually and regard one of them applicable primarily upon classification of limitations, with rare exceptions under extreme and unusual circumstances.In essence, limitation of actions may be a procedural issue bearing close relationship with those substantive ones in the case, so that which limitations law to be applied determines directly how the proceedings promoter,-influence parties' substantive interests consequently and affect interrelated civil and commercial intercourse as well. Therefore, the model of compound applicable laws seems more appropriate for choosing limitations law, under which limitations, characterized as procedural, are governed primarily by limitations law of the legal system to which lex causae to civil relationship belongs or by that of forum state on condition that the procedural interests for the forum should be maintained or under exceptional circumstances where it is just to apply lexfori.For the purposes above, this paper is divided into following chapters for detailed exploration.Chapter 1, A Historical Survey of Limitations System, tends to reveal the permanent stand taken by various lawmakers in the ongoing evolutions of limitations legislation that the parties' private interests and interests of society at large deserve simultaneous concern.Chapter 2, Conflict of Limitations Laws, is to probe some underlying factors while exhibiting the marked differences among various limitations laws.Chapter 3, Exploration among Distinct Limitations Classifications, checks the traditional divergences around limitations classification, and takes a position that limitation of actions should be a procedural matter in essence which affects the outcome of the case substantially,Chapter 4, Interests Analysis of Limitation of Actions, discards the stale viewpoint that matters of limitations only determines the substantive result of the case, and elaborates substantive interests, procedural interests, and even emotional interests among the claimant, defendant, forum state and state(s) closely connected with the case in the context of international civil actions.Chapter 5, Applicable Laws to Limitation of Actions, Part I, makes comments upon different models of limitations applicable law on the basis of historical and current limitation conflict laws.Chapter 6, Applicable Laws to Limitation of Actions, Part II, is dedicated to the formation of limitations conflict rules upon historical reviews, theoretical analyses and comparisons between conflict of laws above mentioned in this paper, with comments on perfection of Article 15, Part DC, Draft P.R.C.Civil CodeT...
Keywords/Search Tags:limitation of actions, applicable laws, procedural issues, interests balance, model of compound applicable laws
PDF Full Text Request
Related items