About Beginning To Calculate Limitation Of Action Period

According to the provision of the article 137 of the General Principles of the Civil Law of the People's Republic of China, a limitation of action period shall begin to calculate when the entitled person knows or should know that his rights have been infringed upon. The legislation regulations of different countries for beginning to calculate limitation of action period are not same. And there are many arguments about this in theoretical circles. Someone proposes that a limitation of action period should begin to calculate when the entitled person knows or should know that his rights have been infringed upon; someone proposes that a limitation of action period should begin to calculate when the entitled person is able to execute his right of claim through people's court; someone proposes that a limitation of action period should begin to calculate when the right of claim is established; and someone proposes that a limitation of action period should begin to calculate when the entitled person is able to execute his right of claim and so on so force.However, the actual situations are much more complex in legal practices. For example, how to calculate a limitation of action period if a contract is null and void or rescinded; when to begin to calculate a limitation of action period if a contract does not stipulate a performance period or stipulates several performance periods; how is the relationship between a guarantee period of a guaranteed debt and a limitation of action period; and the variety of theories and specialities of the practice; all these problems make it more obvious that the legislation designs of system of limitation of action is incomplete.This article is going to analyze various theories and legislation realities about beginning to calculate limitation of action period, make research for beginning to calculate limitation of action period in several special situations in practices and propose a suggestion of making a new system of beginning to calculate limitation of time period, and hope this article will be useful for legal practices.