On Application Of Extinctive Prescription Of The Right Of Real Claim

The thesis mainly details whether the claim of right of thing should suffer from extinguishing limitation. First, we should clearly understand several relevant issues such as the nature of the claim of right of thing and the function and power of extinguishing limitation.The thesis develops that claim right of thing is a unique type of claim right, depending on and independent to the right of thing. Just because of its independent existence, it has the leeway of using extinguishing limitation to claim right of thing.The function and the effect of extinguishing limitation are the other important factor which must be consider. This article believes that extinguishing limitation has three significant systems functions: maintenance of the orders of social economy, the evidence substitution and urging person to exercise his/her right of claim. Although it has some differences between our limitation of action system and the extinguishing limitation system, we still should regard them as the same system in the whole. Because there are certainly not the substantive differences in legal effect between them, we should refer to advanced, mature German extinguishing limitation system and provide that the right of plea comes out when limitation comes to an end in the course of legislations.The thesis develops that the "fictitious ownership" is just one part of movement mechanisms of extinguishing limitation system, or one kind of system cost of extinguishing limitation. Its negative effect can be dissipated in the greatest degree by taking some measures, so it is unnecessary to be worried about. The function of extinguishing limitation system certainly can not to be able to substituted by acquiring limitation. If the function of procedural law and the function of substantive law be synthetically considered, the registrated claim right of thing cannot certainly prevent the application of the extinguishing limitation. In brief, claim right of return should applied to extinguishing limitation, when it meets with the issue of extinguishing limitation.The thesis develops that someone has fuzzy understandings of the continuance of hindrance to the claim right of thing. The continuance mainly...