| The theory of the right to failure is created in Germany,meaning that if the right holder does not advocate or do not exercise his rights for long periods of time,such as the right to claim,form the right and the right to defend,especially when the right owner is concerned about the property or The right to oppose the right to reasonably protect the right of the right of the right to no longer exercise his rights,this right may be invalid,it has two main features: First,the right person by considerable(The time factor);Second,there are special circumstances enough to cause the obligor to trust the right person does not want to fulfill its obligations(trust elements).However,the above two characteristics alone are not sufficient to determine whether the composition of the rights of failure.In specific cases,the time elements are subject to the "special circumstances",that is,between the personality factors,economic capacity,the type of rights.The theory of rights failure is the legal principle formed by the process of the embodiment of the principle of honesty and credit.It is an important legal system which does not exercise its rights because it does not exercise its rights for a long time,except for the limitation of action and exclusion period.The establishment of the elements,the period of calculation,legal system and institutional reasons are different from the litigation failure and exclusion period,the right to failure theory has its own unique space,is a special relief system to make up for the ordinary lawsuit period Long,limiting the law does not specify the exclusion period between the formation of the right and the exercise of the right of defense.At present,Germany,Japan and Taiwan,China are equipped with the right to failure system.At present,there is no express provision in the current law of rights in our country.The important legal principle of "theory of power failure" is very important and the opinion is not uniform.In practice,given that there is no clear. |
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