On The Object Of Limitation Of Action

The object of limitation of action is the foundation of limitation of action system which is focus on the perfecting. There are 2 chapters in the paper, the introduction and the postscript not include.The introduction deals with the definition, the origin and the reason of the appellation of limitation of action in our country .the system play important role in the civil and commercial law system, and the discussion has great theory value and practical meaning.The chapter 1 explain which is the object of limitation of action. Firstly, the author explains the value of definition for the object of limitation of action. If the object of limitation of action is dark, it will cause the confusion in the theory and the practice. On the contrary, it can make limitation of action system perfect and compensate the lack of the positive prescription system. Secondly, the author explains the object of limitation of action should be the claim right. By analyzing three theories on legislative pattern, the author concludes that the substantive right, the right of action should be excluded. The claim right should be as the object of limitation of action for its'civil law system tradition, characters and functions. Then the author analyzes the reason of that the right of control, the right of formation and the right of demur should be excluded. At last, the author generalizes three essential factors and the scope of the object of limitation of action and not all the claim right would be applicable. Because of some policy and legislation reasons, some special claim right on the debt should be excluded. Except that, the author emphasized the claim right about the personal right between the claim right about the personal right and the claim right about right of status. The claim right about the personal right includes the claim right on the damage and the claim right on the act of removing irregularities. The claim right on the act of removing irregularities should be excluded from the object because the tort act of personal right is continual and the personal right needs more protection. But the claim right on the damage is a kind of the claim on the tort, and it should be the object.The chapter 2 discuss two controvertible questions. Firstly, the author discusses the argumentative problems in the claim right on the debt. To affirm the void contract is not be applied in limitation of action because the void contract is not legal fact. But, as a result, the claim right on returning original items is the object of limitation of action. Secondly, the question is whether the claim right on the real right ban be the object. The author introduces three theories: all the claim right on the real right should be the object, all should not be and not all should be. The author agrees the third theory. The claim on the debt and on the real right are equal in the law . And that the real right is not the object is not the reason that the claim on the real right. In general, the claim on the real right should be the object, but we should treated them differently as their characters and their occurring reasons.The author has a conclusion in the postscript, and explains that the paper can't analyze detail the claim right about the right of status and the third theory of the real right in the practice. The two questions need more study in the future.