A Research On The Beginning Of The Limitation Of Action

The limitation of action, means that if the obligee doesn't exercise his right of claim within legal period of time, the obligor will get the right to defense which will make the obligee lose his right. The key element is that the obligee is able to exercise his right but he doesn't act at all. So the limitation of action shall begin when the obligee is able to exercise his right. However, as to the Article 137 of General Principles of the Civil Law of the People's Republic of China,the limitation of action shall begin when the obligee knows or should know that his right has been infringed on. The standard is not so proper. Because when the obligee knows or ought to know that his right has been infringed on, he may be not able to exercise his right , and when he is able to exercise his right , he may be not know that his right has been infringed on. So the standard stipulated by law should be improved. It is what I have been talking about in the thesis.Apart from the introduction and the conclusion, the thesis consists of three chapters as follow:Chapter one, sum up main points of the limitation of action, including its aims, legal consequences, area of application and elements. Chapter two, on the basis of the introduction about other countries or areas'standards of the beginning of the limitation of action, come up with the new standard that the limitation of action shall begin when the obligee is able to exercise his right. To speak in detail, firstly, the right of claim is established; secondly, there aren't legal restrictions which stop the obligee to exercise his right; thirdly, the obligee knows or ought to know that he has the right of claim; fourthly, the obligee knows or ought to know the obligor; fifthly, there are not obstacles in the real life which stop the obligee to exercise his right.Chapter three, firstly, the limitation of action concerning tort liability shall begin when the obligee knows or ought to know that his right has been infringed on and the obligor; secondly, the limitation of action concerning the obligation without deadline for performance shall begin when the obligation is established; thirdly, dealing with the beginning of the limitation of action concerning the right to return the movable and the compensation of damage based on the invalid contract ; fifthly, talking about the beginning of the limitation of action concerning the payment by installments and the secured claims.