Research On Defence For Limitation Of Action

Limitation of action is a statutory period in which an obligee has the right to request the court to enforce the obligor to fulfill its obligations if the obligor fails to fulfill its obligations .If the obligee fails to exercises the foresaid right within the limitation, he will lose the right. As a system of entity law, limitation of action is always focused on in traditional civil theory, but less studied from the viewpoint of civil procedural law. This paper explores the right attribute of the defense based on limitation of action from level of entity law, and analyze the application of limitation of action from the viewpoint of civil procedural law, as well as solve the controversial issues of limitation arising from judicial practices on the base of basic recognitions from relevant theoretical research.This paper consists of 3 chapters besides preface and conclusion.In Chapter 1, it basically addresses limitation of action, explain the origins of this system, illustrate the difference among similar systems, such as acquisitive prescription, period of immunity and invalidation of rights, and research on the reasons for the existence of limitation of action.In Chapter 2,it focus on the right essence of limitation of action, staring from the study of the definitions of defense and right of defense in civil law, and points out that defense based on limitation of action is one way to exercise the right of defense which can contest the claim. In this view, this paper studies issues over the effect of the fulfillment of limitation and the objects applicable to the limitation.In Chapter 3, it provides opinions on how to solve the controversial issues of limitation arising from judicial practices in light of the Rosenberg's theory of burden of proof distribution and from the viewpoint of civil procedural law.