On The Limitation Of Action In Rem

Apart from the foreword and epilogue, the main body of the thesis consists fourchapters.Chapter1introduces some theories of limitation of action in rem and legislationon it in some civil law countries. Section1of this Chapter introduces the differentviews on limitation of action in rem. The thesis gives detailed explanation on threetheories. The thesis also expounds some standpoint of the scholars in Chinesemainland. Section2expounds the standpoints of other civil law countries or areas,includes Germany, France, Italy, Switzerland, Japan and Taiwan district.Chapter2introduces the views of limitation in rem in Chinese legislation andJudicial Practice. The first section of this chapter introduces the views in presentlegislation. Our present legislation doesn’t regulate limitation on action in rem.Section2introduces views of judicial practices on limitation on action in rem. In thissection some judicial cases are collected: cases that limitation on action in rem isadopted and not adopted. I hope we can get some enlightenment from the recentjudicial cases.Chapter3argues for the opinion that limitation of action in rem shall not adopted.This chapter contains five components: the nature of the petition right on real right;the relationship between limitation of action and petition right; the relation betweenlimitation of action and transaction of property; legislation on limitation of action inrem and the typification of limitation of action in rem. Chapter4expounds the view that the protection of the right in rem should belimited by the positive prescription. This chapter mainly introduces the function andlegislation of the positive prescription.