Research On The Applicable Scope Of Limitation Of Action

In the whole civil law system,the limitation of action system is one of the most important parts.As the limitation of action system is an imported product,the content of the limitation of action system in the General Principles of Civil Law in China mainly refers to the legislation of Germany and other advanced countries.Since the application of the limitation of action system in our country,from the beginning,the academic field of our country directly quoted the relevant contents of the former Soviet Union on the limitation of action,then the academic circles of our country studied and discussed the limitation of action system according to our own national conditions,and sought a set of perfect limitation of action system suitable for our country.In practice,the application of limitation of action balances the interests of obligate,obligatory and third party,and has a great impact on the stability of social transaction order and social and economic development.However,the scope of limitation of action is the most basic issue in the limitation system,and it is the premise to study other issues of limitation.The author will make a thorough study of the scope of limitation of action,so that we can have a deeper understanding of limitation of action.In addition to the conclusion,the full text is divided into four chapters.The first part is about the concept of limitation of action and the scope of application of limitation of action,which makes us have a general understanding of limitation of action.The second part is about the legislative mode of expiration of limitation of action,which mainly includes three legislative modes: extinction of substantive rights,extinction of litigation rights and occurrence of defense rights,and the lawsuit in China's General Principles of Civil Law.The choice of legislative mode after the expiration of limitation period;finally,through the detailed elaboration of the legislative purpose of limitation of action,in order to demonstrate the impact of legislative purpose on its scope of application.The second part mainly talks about the legislative mode of applying the scope of limitation of action.At present,it mainly includes substantive right and litigation right.Then it analyses the reasons that affect the legislative mode of applying limitation of action.Finally,it analyses the legislative mode chosen by our country according to the relevant provisions of the current General Principles of Civil Law on the scope ofapplication of limitation of action in our country.The third part mainly talks about the scope of claim which can be applied to limitation of action.Firstly,it defines the scope of application of limitation of action is limited to the right of claim,and makes a theoretical analysis of it.Thirdly,a detailed analysis of the scope of application of limitation of action is made,which includes claims for general claims,claims for property based on personal rights and claims for property based on intellectual property rights.The fourth part is the analysis of the right of claim that does not apply to the limitation of action,in which the author thinks that the right of claim for real right is not applicable to the limitation of action,which is different from the General Principles of Civil Law,so this paper has a large space to analyze and demonstrate it.Thirdly,the author thinks that the non-property right of claim based on personal rights and intellectual property rights,the right of claim involving public interests,and The right of claim of certain facts or legal relations should not be applied to the limitation of action system.This paper also combines the contents of Article 196 of the General Principles of Civil Law.This is also a very clear demonstration of the scope of application of limitation of action in this article,and we can have a better understanding of it in the context of the new era.