A Study On The System Of Invalidation Of Rights From The Perspective Of Civil Law

The concept of modern right of law has already realized the transformation from the obligation standard to the right standard.The idea of society-based legal right pursues individual interests,and the balance between local interests and social interests as a whole,the principle of good faith and the principle of prohibiting abuse of rights emerge as the times require.In order to realize the unification of the legal effect and the social effect to the maximum extent,it is necessary to restrict the civil rights externally.It includes both the restrictions on the content of rights and the restrictions on the time of the exercise of rights.The limitation of content is generally manifested as prohibiting the abuse of rights by the subject of rights,while the limitation of time is embodied in the system of limitation of civil law,which limits the legal effect of the exercise of rights in a way that passes through a certain period of time.The most common way is to maintain the fairness and justice required by the principle of good faith.However,with the accelerated circulation of real right in the market economy,the relationship between civil subjects' rights and obligations is becoming more and more complicated,and the legislative model which only depends on time to restrict the exercise of rights presents a rigid and mechanized state.This shows that the existing prescription system has been difficult to adapt to the complex and changeable social relations.Against this background,Germany created the system of invalidation of rights by means of doctrine and jurisprudence to make up for the narrow scope of application of the system during the period of exclusion and to soften the rigidity of application of the system of invalidation of rights.In order to solve the complicated social disputes and perfect the ways of right relief,Japan and Taiwan,which are both civil law systems,have established the system in the form of precedents.Practice has proved that the legislation on the invalidation of rights in Germany,Japan and Taiwan effectively resolves the contradiction between the subject of rights and the subject of obligation based on time.Effectively maintain the security of market transactions and the stable development of society.Unfortunately,in mainland China,there is no in-depth study of this theory.No matter in judicial practice or in civil law theory,China has not yet established a system of invalidation of rights.But the theory is based on the principle of good faith and takes the principle of prohibiting abuse of rights as a conversion.It involves a wide range of issues and involves many aspects.The study of the theory isconducive to the integrity of the entire civil law system.This is of great theoretical value to the construction of a perfect civil law system in our country.In addition,the construction of the system of invalidation of rights can effectively solve the judicial dilemma which can not be relied upon at present,which has great practical significance for maintaining the stability of social relations.Therefore,it is one of the most important topics in the process of judicial reform to study the system of invalidation of rights and find the fertile soil rooted in the civil law system of our country.Therefore,it is necessary to elaborate and explain the system of invalidation of rights systematically,so as to bring it into the system of civil legal norms of our country,and to establish it as an independent legal rule.The system of limitation of action forms a relatively complete chain of protection of rights,exerts the function of prohibiting abuse of rights from different aspects,and balances the interests of the parties concerned.