The Effect Of Acknowledgement Of Debts After The Limitation Of Action

The performance will after limitation of action activates the legal effect of natural obligations.Through the acknowledgement of debts, the natural obligations recover its original legal nature which has enforcement and obligation nature.The article is to prove how the natural debts transform into the legal debts in different angles which involve the various countries'legislation,academic compares,judicial interpretation and the legislation designs around the abtain and abandonment of the interest of time. The article pays attention to the improvement of the traditional legal science theory under the exiting legal order.Besides the perfact and concluding remarks, the article includes five parts in content and structure.Chapter one, the theory premise of the acknowledgement of debtors.The occurrence of Counterargument is the theory premis of legal effect of acknowledgement of debts.Chapter two, the foundation of effect of acknowledgement of debtors. When the debtors excerise the Counterargument, the legal debts transform into the natural debts;when the debtors get rid of the interest of time, the natural debts transform into the legal debts.Chapter three, the effect institution and the law restricts of acknowledgement of debts. the effect institution consists of request strength,enforcement and Confining force.Besides, the effect of acknowledgement of debts should be limited by cannot-returning strengh and honest credit.Chapter four, the evaluation and suggestion of present law.The article insists that the stipulations of present law not only have its practical significance, but has its objective needs of improvement.In conclusion, the author sumps up the standpoints of the article.