Limitation Of Civil Actions Scope Of The Study

The limitation of action is very important in the system of civil law andembodied by the scope of application. We can take on the scope of application oflimitation of action as the foundation thereof. It is significant for legislation andjudicature to confirm the scope of application of limitation of action. However,many controversies on the scope of application exist in the field of civil law inChina and there are lots of deficiencies in the legislation therein, so this essay triesto study it and expects have a more clear definition of it.Besides the introduction and conclusion, there are five parts in the essay.The first part details the significance of the study of the scope of application oflimitation of action and I think that the definition of scope of application thereofwill help us eliminate the confusion of application, improve the legislation andrealize the function of limitation thereof.The second part mainly analyses the factors that influence the scope ofapplication of limitation of action and develops that the factors include the nature,function, legislation of other countries and effects of limitation of action and so on.The third part introduces the legislations of the scope of application thereof inthe perspective of comparative law and thinks that the legislation thereof should bebased on the legal system and legal tradition of China and should not adapt thelegislations of other countries blindly.The fourth part elaborates the current legislation and studies on the scope ofapplication thereof. The problem that the provisions of it are too simply and theexpressions are in confusion, so the result is that the legal rights of the owners ofrights can not be protected availably. The main controversy on the scope ofapplication focuses on whether the limitation of action is available to the right ofthe real claim.The fifth part makes some suggestions of legislation of the scope ofapplication of limitation of action from the two aspects of specific design of rightsand some issues which should be paid more attention to in the enactment of civilcode. I think that the limitation of action should be available to the right of the realclaim including recover of original property, restitution to the previous condition and right of claim damages. The confirmation of the limitation of action of recoverof original property should be based on whether the property has been registered.Then the essay comes to the conclusion. In this part, I list and illustrate thedeficiencies in the essay after restate the main points of the essay.