Research On The Real Claim Applied For Extinctive Prescription

The right of real claims Belongs to the category of Property Protection, is the most direct means of giving property of self-help is mainly reflected in the value of it. Its main significance lies in perfect state of real rights, which will help to strengthen the protection of property rights, and shows the effectiveness of the legal protection of property rights. Currently, despitely the right of real claims of the theory is becoming more mature, but there are still some of their academic controversy.Many National legislations in force when the protection of property rights or property rights provisions will be involved in right of real claims, but its provisions vary. In the German Law, right of real claims Ownership claims provisions, the fact, as a method of protecting ownership to be prescribed; and in Taiwan, China, the right of real claims as the property of the effectiveness and be prescribed. At present, although China’s "Property Law" in Chapter III of the right of real claims has been stipulated, but did not explicitly if the right of real claims applies the statute of limitations applies. Therefore, if the right of real claims applies the statute of limitations applies in theory quite controversial, but also caused confusion in legal practice. This paper intends to discuss this issue in order to request for property rights theory and institutional building benefit. The full text is divided into four parts:First part of the main aspects of the history of the history of right elaborate, explain the rights of property claims litigation entity from the transition to an entity the right way. In addition, by other countries as well as the right to own property Request for property to evaluate and introduce and analyze the independence claim of the right of nature and the specific form of Real Right.Second, a function of the statute of limitations as a starting point, logical analysis and in value based judgments, observe the effect of property the statute of limitations applicable to claims of whether the concept of equitable interests. And made the academic world for the removal of obstacles, and eliminate the risk of restitution claims disputes the applicability of the statute of limitations of three theories combine Comment on this issue come to the author’s conclusions.Third, in accordance with the "Civil Law", "Civil Law (Draft)", "Property Law" and judicial interpretation of some legal provisions found in the legislation for the claim of the right concept certainly did not, and is not binding extraterritorial legislation difficult to see some of the provisions in each country for property claims and perfection are not the same extent, but whether the claim of the right to apply the statute of limitations on foreign law issues have mentioned.Fourth, the right of real claims limitation system applicable theory of conception. The first part of the demonstration by the foregoing analyzed claims that the removal of obstacles and eliminate the risk of claims do not apply the statute of limitations, only the return of the original claims have applied possible; secondly, the portion applicable to claims for restitution statute of limitations grounds, the question of exceptions to its application are described exist.