On The Article202of Real Right Law

The research about the exercise period of the real rights for security has been a hot issuefor our civil law academics. After the approval of the "Real Right Law" in2007, Research andthinking of this problem and the artical202of the Real Right Law has not been out of the sightof the academic.Firstly, the thesis will discuss the basis problem of the Article202of the Real Right Lawwhich is about the effects of the security interest in the main creditor litigation limitationperiod, and the appropriate legislative process in detail. In this section, there are severaltheories about the effects during the mortgage by the main creditor litigation will beintroduced. On this basis, the thesis will elaborate the doctrine which influences the Article12of the judicial interpretation of Guarantee Law in China, and the legislative process of thisarticle. At last, the thesis will discuss the doctrine which influences the Article202of RealRight Law, and the legislative process of this article. In the period of article202of the RealRight Law, this author will not agree with any theories in China, this thesis thinks that theperiod of article202of the Real Right Law is neither a limitation of action nor scheduledperiod. In addition, the Article202of Real Right Law and the Guarantee Law judicialinterpretation of Article12of the conflict between the, Departure from the "non-retroactivity"principle, that in the "Real Right Law" should apply after the provisions of the "Real RightLaw"; but before implementing should apply to the" judicial interpretation of the GuaranteeLaw ".Secondly, the second part of this thesis relates whether the Article202of Real Right Lawcan be applied to the right of pledge and lien. In this section, the rights of pledge and lien willbe discussed separately. About the right of pledge, this section will discusses the concept andfeatures, elaborates the legislation and doctrine of the civil law countries from the perspectiveof comparative law, and agrees with the Article202of Real Right Law can not be applied withthe right of pledge from the attribute of the right of pledge and the nature of the possession.About the lien, this section will discusses the concept and features, elaborates the legislationand doctrine of the civil law countries from the perspective of comparative law, and agreeswith the Article202of Real Right Law can not be applied with lien from the nature of thepossession of lien.Finally, the third part of this thesis relates the other theoretical issues involved of thisArticle202of Real Right Law. In this part of the chapter, the thesis will be divided into two aspects to research and discuss. First, this thesis will elaborate the relationship between theReal rights for security and the limitation of action which considers the applicability of thelitigation limitation in the real rights for security to discuss the theory and the legislation. Theauthor agrees with the conclusion that the real rights for security not apply to the limitation ofaction separately. Second, the thesis will elaborate the problem about whether the exerciseperiod of real rights for security can be agreed between the parties. About this problem, thereare different disputes in the domestic academic, the thesis bases on the belongingness of thereal rights for security the restriction of the legal principle of the property rights and theestablishment model of the real rights for security to agrees that the exercise period of the realrights for security can not be agreed between the parties.