Real Right To Request The Relations Of Power And The Limitation Of Actions

The right of the real claim is the right of claim, which gives the holder of the right in rem the remedy. It protects the right in rem and has nature relation with the right in rem. Limitation of actions is an old system of Roman law;its regulative scope is the right of claim. Whether the limitation of actions can apply to the right of the real claim is a controversial problem in our country. The author deliberates the right of the real claim, the limitation of actions and the acquisitive prescription by historical and comparative means, studies the relation between the right of the real claim and the limitation of actions according to each country's reality.This article contains five parts mainly:The first part analyzes the concept, the content and the legal characters of the right of the real claim.The second part studies the system of limitation of actions;defines the limitation of actions, verifies the origin of limitation of actions and then discusses the function, the object, the term, the effect of limitation of actions and so on.The third part introduces the dispute of the relation between the right of the real claim and the limitation of actions in our country, and then sums up the focuses disputed;then the following part arranges the legislation and the theory of the right of the real claim and the limitation of actions of the main countries which belong to the system of civil law. This part is the base of the following parts.The forth part expounds the acquisitive prescription system. The author defines the concept of the acquisitive prescription, verifies the origin of acquisitive prescription and discusses the function, the legal requirement, the effect of acquisitive prescription and so on.Finally, according to what have been discussed above, the author concludes that the limitation of actions cannot apply to the right of the real claim other than the right of recovery witch is not registered.