Property Rights Claims To Eliminate The Limitation System

It is variable whether or not right of the real claim can be cancelled a matter of time limits imposed by the laws in different countries and it keeps arguing on it in the academic area. There is much research into it in China, but so far it is still not defined by the Chinese laws. In this thesis, comparing and analytical methods have been used to investigate in extinctive prescription of right of the real claim based on the previous literature. The study on extinctive prescription of right of the real claim may contribute to the academic ideas as well as constituting a new Real Law in China.The thesis includes five aspects apart from introduction and conclusion: 1) The functions and objects of extinctive prescription: If extinctive prescription has been enacted, it will produce some positive impact on society such as urging the subject to claim promptly, simplifying the relationship of the action, stabilising the present social order and cultivating the personalities of transactions. Some samples of constitution of extinctive prescription have been compared and the objects of extinctive prescription have been discussed, and results suggest that claiming right should be constituted. 2) The basic points of right of the real claim: The definition and basic points of right of the real claim have been analysed as well as the major opinions of right of the real claim. The results reveal that right of the real claim is a kind of independent right based on the real right. And the categories of right of the real claim can be limited to the return claiming right, harm-excluding claiming right and harm-preventing claiming right. 3) The present constitution and opinions of extinctive prescription of right of the real claim: The progressions in extinctive prescription of right of the real claim have been compared in the worldwide, especially, in Germany, Japan and Taiwan (China) and introduce the academic opinions: positive, negative and eclecticism. 4) The basis of existence of extinctive prescription of right of the real claim: Through analysing various opinions of extinctive prescription of right of the real claim, the result demonstrates that the negative opinion is not logically rational and the point of view ofextinctive prescription subjected to right of the real claim is rational. However, not all of right of the real claim can be applied. More analysis has been conducted based on the function of extinctive prescription and the nature of right of the real claim and the result convinces the sense of existence. The positive influences on the society have been described based on the constitution of extinctive prescription of right of the real claim. 5) The design for the future extinctive prescription of right of the real claim: Extinctive prescription should be enacted according to different classes. Un-registration should be applied to extinctive prescription in contrast to the registration. Registration should not be applied. According to the categories of right of the real claim, harm-preventing claiming right and harm-excluding claiming right should not be applied to extinctive prescription but return claiming right should be applied.