The Application Of The Contract Shall Be Invalid And The Statute Of Limitations Problem Research

For a long time there is a large controversy about whether the invalid contract should be applicable statute of limitations in academic circles in our country. In the meantime, there also exist a variety of opinions about the related applicable limitation system problems after the invalid contract is confirmed. China’s However, the legal science of our country also failed to form a unified understanding about them, which lead to the opposite results from the same type of case under different judge trial. The main content of this paper include:Part One: mainly elaborates the different views of the academic circle in our country about whether the invalid contract should be applied to prescription system. At the same time,discusses the different views. And introduces and analyses several schemes of the draft <about the provisions concerning the prescription problem involved invalid contract>,which presented in 2010 by the supreme people’s court.Part Two: mainly expounds the view and its reason why the invalid contract should be applied to the statute of limitations. The author from value selection of order and justice in law, method of economics principle, the object of the statute of limitations to prove and draw the conclusion.Part Three: mainly expounds several views about whether the return legal right of claim should be applied to prescription system after the contract is confirmed as invalid. At the same time, the author thinks that they shall be analyzed in three kinds of situations movable property, immovable property and unregistered property.And because compensation for losses results from the contracting fault liability, it should belong to the creditor’s rights and claims, so system of right to claim for damages should apply to the statute of limitations.Part Four: mainly elaborates the problem of limitation of action point after confirming invalid contract. The author thinks that shall be counted starting from the expiration of the invalid contract. While they agree a time and it is impossible to determine the time of performance,it should start from the first time that the obligee claims rights and obligation refused. And the starting-point of prescription of ownership returning petition right and claim compensation for losses should be the time.