The Invalidation Of Right Studies

The point of modern private law has been transformed from the benefit of particular individuals to the benefit of all citizens. According to the new instructive theorem, in order to meat the realistic requirements of transaction, the precedent and doctrine of German and Japan set up the invalidation of right . This theory is applied to remedy the defect of negative prescription and ausschlussfirst , which are used to limit the exercising of right by the elapse or time. This theory is applied to safeguard the justice spirit of the principle of good faith too. Negative prescription and ausschlussfirst are too inflexible to fit the society lifewhich is complicated and changeful. What's more, the legislature also can not foresee all the things of the society life. However ,in the circumstance that the benefit of the party concerned is not balanceable seriously, The invalidation of right is used to limit the exercising of right, make right and pbligation of the party concerned alter by the creditor's outware appearance. Compard with negative prescription and ausschlussfirst, The invalidation of right is more adaptable to the complicated and changeful society life flexible and tealistically, it can equilibrate the benefit of the party concerned.According to the analysis of the precedent and doctrine about the invalidation of right of German and Japan,we can conclude:so-called The invalidation of right is a comcept that if the creditor doesn't exercise his right in a quite long time, and his outward appearance make the debtor have proper trust, the creditor will not exercise his right again because of the principle of good faith. As acomcept thatconcertizes the principle of good faith, The invalidation of right can be applied to all kinds of vested right. But in orderto avoid its abuse, which maybe make the efficacy of right soften and the morality of the performing his obligation slacken, The invalidation of right must be provided strict applied prerequisites among which the trust of debtor is more important. The strict appleied ptrtrquisites make it sure that The invalidation of rightis an objective value judgment of law on the basis of the value selection of law by the creditor's outward appearance.Because of the establishment of The invalidation of right , the precedent and doctrine do an important contribution to the progress of law. The principle of good faith is establishment foundation of this rule, preventing the abuse of right is purpose of this rule equilibrating the benefit among the party comcerned and others and society is the final target of this rule. So estoppels by waiver will be the trend of legislation in the future. However, there is still no this rule not only in the legislation but also in the judicature in our country now. What's more, this is rule includes many problems, so it is necessary to be expounded, for the purpose that it can be absorbed by our system of law and become a rule in our law. This is the target of the article too. I will expound my shallow idea about the invalidation of right from development of the invalidation of right, the concept and applied prerequisites of the invalidation of right, the range of applicability and the legal result of the invalidation of right , the establishment of the invalidation of right in our law. I hope this article can be a little useful to the progress of law in our country.