Limitation Of Actions A Number Of Controversial Issues Research

The litigation time limited efficacy is a civil law theories and practice inside an importance but special problem.The full text is divided into three parts totally, distinguishing to proceed the study to this problem from theories, lawmaking and actual situation angles.First from commence to the review between litigation time limited efficacy concept and type, analyze the taking or rejecting of the litigation time limited efficacy concept, think that should adopt the attitude of the pragmatism to this, need not use the time limited efficacy concept that exterminate the concept replace the litigation time limited efficacy.Effect that litigation time limited efficacy complete, is creation that duty the person refutes the power.The an of the litigation time limited efficacy is duty, beard that the direct direction duty that the claim to request the power, but not all power all belongs to this scope, only have the right the person to possess the person toward request protection power that court put forward, the real a that is just litigation time limited efficacy.In the lawmaking level, emphasized to inquiry intoLitigation time limited efficacy and acquisition the relation of the time limited efficacy, thinking should adopt the litigation time limited efficacy and obtain the time limited efficacy distinguishes prescriptive of lawmaking style;In requesting to the real right power proceeding with litigation time limited efficacy thorough analytic foundation, the writer thinks that return to restore the thing claim power request with instauation original shape the power shoulds the suitable for use litigation time limited efficacy, and analyzed the litigation time limited efficacy that bring and acquisition the time limited efficacy links up the problem because of return to restore thing claim the power applies the litigation time limited efficacy;As for litigation time limited efficacy and guarantee the period, writer in analyzing current law and judicatories explaining not reasonable prescriptively of foundation, put forward the homologous modification opinion.Disputeses forer five problems of concentration to proceed the analysis in judicial actual situation level, this text primarily selects by examinations judgment practice and put forward own views.Result that complete with the litigation time limited efficacy is to refutes the power occurrence doctrine wents with should, court is in judgment can't active suitable foruse litigation time limited efficacy;Have no obligation litigation time limited efficacy that implement the term to start counting, the writer thinks that should distinction contain grace period with have no grace period two kinds of situations, start counting respectively;Can cause the interruption problem of the litigation time limited efficacy to withdrawing to tell, think that the court completes to send to reach the behavior after accepting the case, or open court session its day to have no proper reason to can not refuse because of the plaintiff the court attend litigation etc. reason drive court according to withdraw to tell to handle of, should the law result that produce the litigation time limited efficacy break off;Distinguished analyse invalid contract and litigation time limited efficacy start counting problem, this text think in principle invalid contract should suitable for use litigation time limited efficacy, combine very much four kinds of situations, analyze to start counting the standard differently;To the litigation time limited efficacy after completing debtor is in urge a circular the effect problem of the in the book signing, at willing toly recognize relevantly judicially explain spirit at the same time, put forward suitable for use explained in the judicatory at the request of the restrict practicing strictly explain, urging a style the notification musts be to have clear and definite the debtor implement returns the contents of a duty of, ability contain law binding force.