Font Size: a A A

The Research On The Effect Of Limitation Of Action

Posted on:2012-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:X Q LuFull Text:PDF
GTID:2216330368992783Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Limitation of action originated in Roman law, also known as Praescriptio Extinctiva, is an ancient civil law system, the theory behind the natural variety, especially at the heart of much civil statute of limitations effectiveness of scientists of all ages. However, the system in terms of limitation of action or legal theory of civil legislation, are as a matter of course there should be a civil system, the right person for relief through legal channels, but often due to the expiration of the limitation of actions not protected by law, litigation There is time to subvert the rights of the legal basis of human ethics. Therefore, in theory the system must be of legal value limitation re-explore the etymology of this article from the statute of limitations, the formation and purpose of the start of sociology of law analysis to re-examine the legal value of limitation system; Throughout the continent Law and common law statute of limitations legislation of the major countries, by comparing the three cases of analysis of legislation, then come to the right place defense doctrine in line with our cultural foundation of law, in line with personal interests and public interests, equity requirements, is our home Law is an inexorable choice; Finally, place defenses Rationality analysis for Civil Law system and the exercise of rule, is the article of the end-result.
Keywords/Search Tags:Limitation of action, Effect, Value, Right of defense
PDF Full Text Request
Related items