Classification And Applicability Of Claims Of Property Rights In Regards Of Limitation Of Action

Property rights system is very important on the concept of civil law. It is intended to protect the important property legal system, has long been unique to the civil law countries. Most countries have established in recent claim of the right of the formal legal system, representative of several in the Civil Code of the relevant provisions have different scholars on the validity of property or property right protection for discussion when generally will also request the right to be involved on the property.The existence of property rights, for recognition and vesting of property rights, realization of the carrying value of property, to protect the effectiveness of the response properties, stability, social order and promoting social development is very important. Property has maintained social and economic order is broken, if not a complete set of effective mechanisms to regulate and relief, will inevitably lead to ectopic ownership of property, impeding normal transactions to proceed smoothly, or even shake the foundation of the entire economy. The claim of the right system as a major method of property protection, in order relief property has a strong advantage as well as difficult to shirk the responsibility. However, commensurate with its important status, about civil law countries, the civil law system of Petition provision is not too much content, its most simple and weak law both theoretically and surviving more controversy. It reflected in the legislative style that there are some differences, more "French Civil Code", "German Civil Code," "Swiss Civil Code," "Japanese Civil Code" and other well-known the relevant provisions of the Civil Code, the conclusion can be drawn. The original framework of the legal system in China under the claim of the importance of the property there is no effective recognition: neither the legislation claim the Fading Right concept , even without the formation of the systems of the provisions only in "Civil Law" and the "security law" in individual terms involved. And legislative oversight is the theoretical circles corresponding to the prosperity, the theory on the claim of the right of academics has never been interrupted. Until March 16, 2007 the Tenth National People's Congress adopted the fifth meeting of "property law" to the law in the form of clearly defined property rights claims, thus initially forming a claim of property right the basic framework, This basic claim of the right to establish an independent system, its theory and practice, there is the importance of sound. In theory, the property rights system based on civil law theorists in China has become a consensus, on the claim of the right system, although becoming more in-depth study, but the claim of the right system, the basic theory and more specific content of the remaining questions. In the protection of personal private property and legitimate rights and interests of legal protection themselves'spirit accepted increasingly in China, pressing need more attention and maintain private legal system, property request rights system was one of the important one, so need to clear the claim of the right duration.However, the claim of the right apply to the limitation of the problem, scholars have different opinions, national legislation are not the same, our new "property law" which are not clearly defined. Judicial practice, as law without an express provision, in the case to trial and there are problems with some "same case but different judgment" phenomenon, however, judicial practice, exploring the creation and perfection of the theory are of great importance . Claim of the right as an independent claim, which aims to protect the rights of people on the successful disposal state of things. Rights claims the power comes from the property, and responsibility in a manner with the claim forms. Therefore, the simplistic view that right of claim for or limitation does not apply there is a lack of will.In this paper, historical summary, logical analysis and to identify more ways to comparative claim of the right type of content-based classification, then the meaning of the claim of the right to conduct a dialectical analysis of set, clear claim of the right of the power range The basic problem. Then advanced through the provisions of international limitation of action for the claim of the right object if the legislation contains the cases read, understood and scholars to confront the subject content and the basis for property claims based on the nature of the legislative purpose, appropriate technology through the system by the application of limitation claim and the legislative intent of the trust rules of law from the judicial practice and the economic, social value perspective, the function reference to the registration system, the effectiveness of in-depth study and analysis of whether the claim of the right system for limitation of action.This preface and the conclusion of removal consists of three parts: Part I: Real Rights for Prescription distinguish the premise: claim of the right of the power division. This part mainly clear property right to request should include the scope of rights, it is to study the request of any property right of question the matter should first be to determine, is the financial institution. Through the legislation of the international well-known interpretation can see that countries claim of the right power range for the delineation is not the same, and our approach is the division of international rare. While this is a situation of China's national conditions and legislative and judicial decisions, but somewhat exaggerated claim of the right features, blurring the claim of the right and the credit limits. This article advocates claim of the right to redraw the power range, excluding the nature of the claims should be attributed to the nature of the error attributable to the rights of property categories. So far side lay a claim of the right of the cornerstone of other legal issues.Part II: Real Rights differentiate the reasons for limitation of action. This part of the central idea is the claim of the right power range as the complexity of nature is unique, not simply the identification of its complete application or limitation does not apply.Part III: Property Claim Interpretation of distinction for limitation of action. Part of this is the core of this article. This section is not applicable and can be applied for the limitation of the claim of the right of the detailed analysis of criteria for the classification for the claim of the right of power. In this section, the adoption of international legislation and the views of scholars, drawing, and from different angles, a profound analysis of different power limitation can apply to the conclusions and reasons, decentralized, split the claim of the right into the right to request confirmation of ownership, eliminate prejudice the right of claim to eliminate the risk of claims, based on registered property arising from the return of the original registration request is not based on property rights and the resulting return of the original claim, and ultimately come only Property is not registered born on the return of the original claim limitation will be applied conclusions.