Limitation Of Actions The Object Of Study

The limitation of action is an important legal system in the civil law, and the limitation of action's object plays an important part of the application of the limitation. It is of great significance for the legislative or judicial practice to identify the object correctly, not only related to the integrity of the limitations system's architecture, and also related to the rationality of the protection of the parties' rights. If not, it will harm the basic value of the limitation of action. There are different opinions about the scope of the limitation's application in our civil law academia, focusing on which kinds of rights should be applied by the limitation of action, whether the application right of real rights should be applied by the limitation of action. As the lack in legislation, it leads to the uncertainty of practice. So this thesis tries to study on the object of the limitation of action, in order to make more clearly about the definition of this problem.The article consists of six parts. Start from a general introduction of the limitation of action, the foreword points out the necessity and significance of this research. The first chapter studies the basic conception of object, and discusses the significance of the object's definition. The second chapter studies on that which factors could be used to determine the object of the limitation of action, for example, the regulation aim, the legislation spirit, and so on. The third chapter puts forward the suggestion on that the object of the limitation of action is stipulated as the right of claim, and eminent domain, the right of formation, the right of plea aren't applied by the limitation of action. The forth chapter analyzes whether the application right of real rights should be applied by the limitation of action. The Real Right Law of PRC has not stipulated it, leading to different legal consequence in practice. Through theoretical analysis, comparative law study and the trial practice in our country, the author holds that we should make a difference between kinds of the application right of real rights and then selectively decide that some kinds of the application right of real rights could be applied by the limitation of action. The fifth chapter reaffirms the legislative value of the object of limitation, and proposes some legislative suggestion about it for Future Civil Code in China, and at present, with practical attitude, it is better to define the object of limitation through judicial explanations and typical cases.