Font Size: a A A

On The Scope Of Application Of The Limitation Of Actions

Posted on:2007-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:J F HuFull Text:PDF
GTID:2206360185472250Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The limitation of actions is a legal system refers to that if a right holder to be negligent in the certain period in exercising the right, then causes one kind of legal effect which the right is eliminated or decreased. It produces in the ancient Rome, afterwards nearly all countries have received it. The limitation of actions applicable scope is an important question in the limitation of action domain. The author he studys to the limitation of actions and the correlation systems, has constructed the system of the applicable scope of the limitation of actions of our country. This article all together is divided into three chapters:Section one is "the influences of the function of limitation of actions to its applicable scope". The function of limitation of actions also is a goal which the limitation of actions tries hard to realize, it loads the limitation of action system value, and it is a reason which the limitation of action system can exist. Has violated it, also has violated the limitation of actions system itself. Therefore, whether agrees with the function of the limitation of actions to be supposed to become determines it the applicable scope the most important standard. The function of limitation of actions may divide into four kinds. The first kind of function: The function in stable social economy order and to protect transactional security, may be called it "the stable function", "the stable function " is a foundation of the limitation of actions, when determinate the applicable scope of the limitation of actions cannot violate this function. The second kind of function may be called it "the protection function", according to it, if a right holder is unable to start a lawsuit sneak attack, then we does not need to cause the limitation of actions to be suitable this kind of right. Third kind of function: the function to supervise right holders exercising the right and to circulate economy more fast, can be called "the supervision function", if someone exercises a right does not violate this function, then we should not cause...
Keywords/Search Tags:Application
PDF Full Text Request
Related items