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Research On The Object Of Action Limitation

Posted on:2017-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:L P BaiFull Text:PDF
GTID:2296330482498299Subject:legal
Abstract/Summary:PDF Full Text Request
Action limitation system is an important civil legal system, including the purpose of its establishment urge human rights timely exercise their rights, and the rights and obligations stable, regulate property transaction relationship, transaction security protection and social welfare aspects. A lot of content validity, and other objects during and limitation system contains the statute of limitations, where the object of the statute of limitations is the core position in the institutional system, the object of the statute of limitations is determined not only has a direct impact on the reasonableness of the limitation system design, but also about to achieve the purpose of the limitation system protection and rights of the parties. In this paper, in order to promote the improvement of the system of limitation of actions for the purpose of the statute of limitations to investigate the object.In addition to preface and conclusion, the main content of this article is divided into four parts. Preamble drawn questions briefly pointed out the study on the status of the object of the statute of limitations, in this paper the problem to be solved and the research value in theory meaning and application. The first part briefly describes the significance of the legal provisions and the object of the statute of limitations, and the analysis and comparison of the characteristics of Western countries limitation system, pointing out that our legislation should request right Object of Limitation;the second part describes the Property Request right, discusses the relationship between property right and limitation of actions between the last Real right object of applicable statute of limitations has been divided; the third part describes the legal nature of the personality right and the right to request damage compensation the interpretation, finally come to stop intellectual property claims under the claims of prejudice, exclusion and prejudice claims damage compensation claims do not apply the statute of limitations conclusion; last part of the analysis and appraisal of intellectual property claims and litigation and aging relationship, a brief description of the relationship between the two circles of two opinions, and finally demonstrated the intellectual property rights should be part of the request for proceedings theory.From the above discussion shows that last article concluded that the statute of limitations in civil law is an important system, China should establish a statute of limitations in the civil law Subjects construct objects to claims of limitation of actions in the system, in creditor claims for the statute of limitations applicable principles,without indicating restitution claims in the property registration legislation, the request to stop the infringement of intellectual property rights claims, prejudice the prevention of claims, claims and discarded items prejudice infringement of the right to obtain the information,and the law of the relevant provisions of applicable statute of limitations.
Keywords/Search Tags:Action Limitation, Object, Claim of Rights
PDF Full Text Request
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