Study On Obstacles To Completion Of Limitation Of Action

Limitation of action is one of the civil law systems which have long history. The intention of this system is to promote the exercise of rights and to maintain social order. But it is unfair to force the claimant to bear the adverse consequence, if there are obstacles to exercise their rights. Therefore, it is necessary to define certain legal particulars which can be obstacles to completion of action. Only in this way can we ensure that the claimant has sufficient time to exercise their rights, also can we achieve the purpose of protecting the interests of the claimant.For most countries in the world, there is no systematic regulation concerning obstacles to completion of limitation of action. This article standardized analysis this topic. Obstacles to completion of limitation of action include interruption, suspension and incompletion of action three kinds, of which corresponding particulars and legal effect are also involved.General Provisions of Civil Law prescribes interruption, suspension and extension of action instead of "Obstacles to completion of limitation of action". System of limitation of action in china inherits that of the former Soviet Union, Germany or Japan. With the social development, the defects of this system appear. Extension of limitation of action should be repealed since it has lost its basis. Moreover, it is over-principled for the recent legislation to the suspension of action system, legal particulars of which are in excessive shortage. It is unreasonable to prescribe that the request of one party concerned to another party concerned, that is request of the claimant, can absolutely bring about interruption of action. In addition, It should be clearly defined legally whether the lawsuit that has been withdrawn, reject or inadmissible can lead to interruption of action.This article analyzes the intent and value of obstacles to completion of limitation of action in Japan, German, England and Taiwan of China. We shall learn from legislation of obstacles to completion of limitation of action legislation in these countries which are more reasonable, in order to build a blameless system of obstacles to completion of limitation of action which could line with the situation of China. Firstly, repeal the system of extension of action. Secondly, request of one party shall not interrupt limitation unless the claimant bring a lawsuit during the statutory period; also the lawsuit that has been withdrawn, reject or inadmissible shall not interrupt limitation. Last but not least, we shall establish system of incompletion of action, in order to fetch up the shortcomings of suspension of action. Limitation shall be suspended during lasting period that husband and wife relationship or legal agent relationship lasts. It is necessary to bring in incompletion obstacle of limitation and prescribe that limitation of action shall not be completed in a period of time particulars eliminate. Actually, in this case, the limitation of action is prolonged. Link and supplement suspension of limitation and extension of action in our country.This article adopts methods from general to the individual, from the abstract to the concrete. Value analysis and empirical analysis are also carried on to study comprehensively on the system of obstacles to completion of limitation of action.