On The Scope Of Application Of The Limitation Of Actions

The limitation of action system is playing the extremely vital role in entire civil law system, but the limitation of action is suitable much presently comes out from its applicable scope upper body, may say, the limitation of action applicable scope is the limitation of action system foundation. Definite limitation of action applicable scope, regardless of all has the great significance to the legislation or the judicial practice, not only its relates the limitation of action institutional framework construction the integrity, also can involve more importantly to the litigant right protection rationality. If cannot determine correctly the limitation of action the applicable scope, can destroy the limitation of action system stable law order the basic value.This article attempts to the limitation of action question to conduct the research, can consummate the certainly positive role by the time to our country civil action effectiveness applicable scope. Besides the introduction and the concluding remark, this article altogether divides into four parts. The introduction part has outlined the effectiveness origin, the limitation of action briefly (negative prescription) and obtains the effectiveness the concept, the limitation of action function and the consummation limitation of action system importance. Outside the first part of main elaboration territory the civil right is suitable the limitation of action the legislation pattern, and to the limitation of action potency which involves from this carries on the evaluation. First elaborated the civil right is suitable the limitation of action two kind of legislation pattern, namely the entity power pattern and the right of suit pattern, the entity power pattern subdivides for the creditor's rights pattern and the request power pattern. Next through carries on the comparative analysis to the mainland legal system country to the limitation of action potency different theory which causes as a result of the different effectiveness legislation pattern, obtains contradicts the power to have the principle theory to be more scientific, but suits our country national condition to be able the theory which profits from for our country. The second part is to the limitation of action applicable scope outline. First section elaborated the limitation of action system value and with the limitation of action applicable scope relation, namely the limitation of action system value is restricting the limitation of action applicable scope, but the limitation of action applicable scope determination must be advantageous to limitation of action system value manifesting. Second section elaborated the request power origin, the concept and the nature, requested the power puts in the entire civil right system, analyzes its characteristic, inquired into it becomes the limitation of action only applicable scope the origin. The civil right constitutes by two aspect rights: One, manifests power of the specific benefit, namely the right main body or called the entity right, divides into the absolute rights (property rights and non-property rights) and the relative power (creditor's rights) two kinds; Two, manifests power of strength of the legal, lives by the right main body, adheres to stick cohere above the right main body, manifests the civil right the function, divides into the right to control, forms the power, the request power and contradicts the power. Analyzes the above each right the characteristic, the elaboration right main body is not suitable the limitation of action, adheres to stick cohere above the right main body the right to control, forms the power, contradicts the power also not to be suitable the limitation of action, only adheres to stick cohere above the right main body the request power to be suitable the limitation of action. The third part elaborated the request power is suitable the limitation of action the concrete scope, enumerated the creditor's rights to request the power, the real right requested the power, the personal rights requested the power, four kind of request power which lived based on the intellectual property rights, and had expounded in this foundation the request power was suitable the limitation of action the limit, the main summary was three aspects namely with certain fact or the legal relationship accompanying throughout request power, and other is suitable the limitation of action not suitably based on the public interest protection request power according to the request power nature and the legislation goal the request power. Also elaborated in this part the request power becomes our country limitation of action applicable scope the rationality. The fourth part has outlined our country about the limitation of action applicable scope present situation and the judicial practice. Through the case, in all previous years civil law draft about the limitation of action revision stipulation, the existing legal rule, elaborated our country about the limitation of action present situation and the insufficiency, and has carried on the analysis to our country judicature practice in about the limitation of action suitable several concrete questions, like to might change, may abolish the civil behavior the limitation of action to be suitable the question, be suitable the question to other several kind of special request power limitation of action 11 to make the narration.