Research Of Limitation Of Legal Proceedings And Actions Of Avoidance Of Contract

The limitation of legal proceeding and action of avoidance of contract is deemed as the common topic to be concerned in the juridical practice.Whether the invalid contract is suitable for the limitation of legal proceeding and action has not been clearly regulated in China's General Principles of the Civil Law or in Contract Law.In the course of drafting the Stipulations for Multiple Issues Concerning the Trail of Civil Cases Geared into Limitation System of Legal Proceeding and Action of Supreme People's Court,whether the civil cases can be geared into the limitation of legal proceeding and action or not has aroused wide controversy.Given that,the officially issued Judicial Interpretation of Limitation of Legal Proceeding and Action has not clearly regulate the corresponding aspect,which leads to the stalemate of inconsistent judgement to similar cases or even the equal cases in juridical practice.If these issues fail to be scientifically and reasonably tackled down,the authority of judicial adjudication shall be inevitably challenged,jeopardizing the perfection of national legal system.Therefore,in order to better protect the legitimate rights and interests of the parties,and pay attention to the value pursuit of freedom,fairness and efficiency of the contract law,it is necessary and urgent to analyze and study this issue.First,the analysis of the actual case of juridical practice is initially carried out,and the question,whether the confirmed invalid contract is geared into the limitation system of legal proceeding and action,is proposed.The invalid contract is proved to be not suitable for the limitation system of legal proceeding and action through evaluating and analyzing various theories and viewpoints.Second,as the contract is confirmed invalid,whether the claims of restitution of the property can be suitable for the limitation system of legal proceeding and action or not determines on the distinguishing result of whether to be res corporales or to be res incorporales through adapting the registration system,in other word,the claim of restitution under res incorporales condition shall be deemed as unjust enrichment claim and be suitablefor the limitation system of legal proceeding and action.The part three,from the res corporals perspective,given that the relative person trusts the good faith principle of registration system in the occasion where the ownership is registered,it is reasonably considering that the claims of restitution of registered res corporales shall be not suitable for the limitation system of legal proceeding and action.In the occasion where the claim of restitution of property is not registered,the interest of the party can be maintained,and the value of Law can be protected.The starting point of the correspondingly suitable limitation system of legal proceeding and action shall be commenced from the date when judicial office confirms the contract is invalid.Lastly the claim of compensation for damage is deemed as the creditor's right from the property perspective after the contact is confirmed invalid,and shall be suitable for the limitation system of legal proceeding and action.The starting point shall be commenced from the date when judicial office confirms the contract is invalid.