On The Civil Rights' Application To The Limitation Of Action

The system of the limitation of action is extensively applied in the judicial practice of our country .This paper is focused mainly on the perfecting with civil practice .There are 5 chapters in this paper, except the introduction and postscript.The introduction introduces the definition, the categories, the characters, and the origin of the limitation of action, and the reason of appellation of the limitation of action in our country is concerned .The system takes an extremely important role in civil law system .To research the civil rights' application to the limitation of action is academic and practically significance .Chapter 1 the author introduces a case relevant to the limitation of action. It is analyzed the current law on the limitation of action and its disadvantages.Chapter 2 explains the civil rights' application to the limitation of action academically. There are two different concepts. One is "the object of the limitation of action"; the other is "the applicable scope of the limitation of action". But they both mainly discuss what kind of civil rights should apply to the limitation of action and what don't. Which is the very subject in this paper. Only the claim right applies to the limitation of action. It is due to the characters and the functions of the claim right. Each kind of right consists of the noumenon of the right and the claim right. The noumenon of the right reflects the interest, and the claim right is occurred due to the inviolability of the noumenon of the right. Without the claim right, the recovering of the obligee' s right depends on the willing fulfillment of the obligor. Each right can function or recover with the help of the claim right. Because the purpose of the...