The Problem About The Application Of Extinctive Prescription Of The Claim For Restitution

One of the most significant type of the claim for real thing is the right of claim for return of property,there are many different views in the academic world about the answer of whether the claim for restitution apply to the extinctive prescription,and also the regulations in China are not very clear.Relative theories start logically from the characters of the claim for restitution and draw the conclusion eventually.On the base of this,the paper takes the first view of paragraph 2 of article 196 of the General Provisions of the Civil Law of the People’s Republic of China,analyzes the nature of the claim for restitution,studies on comparative law to supply the law system,and combines the relative regulations of the General Provisions of the Civil Law of the People’s Republic of China,to draw the conclusion that the claim for restitution of unregistered movable property have the character of applying to the extinctive prescription.And then study the acquisitive prescription system.At last,when the application of the extinctive prescription of the claim for restitution of unregistered movable property is admitted,centering on the attribution of property interests of unregistered movable property,we will throw out some suggestions about the specific structure of the acquisitive prescription system and the connect between these two systems,to make up for the shortcomings of the claim for restitution and coordinate the operation of the two systems.