| System refers to the holder of the right to failure for a period not to exercise their own rights,lead to the obligation in accordance with the state as the holder of the trust has no longer exercise their rights,or don’t want the obligation to fulfill its obligations,in this case,according to the principle of good faith,the holder will not be able to exercise the rights of the legal system.It has three elements: time element,condition element and trust element.However,these three elements should not only be considered in the judgment of the invalidation of the right,but also the nature of the right,the economic capacity of the parties and other subjective and objective factors.The right invalidation system is the embodiment of the principle of good faith and the principle of prohibiting the abuse of rights,and it is the third system which is independent and supplementary to the current limitation system to eliminate the limitation and exclusion period.The system of invalidation of rights has its independent application space,which can make up for the defects of the current statute of limitations,realize the concretization and typology of the principle of good faith and further safeguard social equity.The system of invalidation of rights originated from Germany and is a system formed by German judge’s law.Like many continental law countries(regions),power failure system has not been legislation in our country,and in the judicial practice in the basic is not applicable,when the holder of a period does not exercise its rights and obligation can only refer to the current negative prescription and rules during scheduled for relief,the provisions of the mainland area existing limitation system is not perfect,the protection of the obligation is not comprehensive,not enough to solve the current law framework in applicable limitation system problems,the lag of law.Therefore,it is necessary to establish the invalidation system of rights in the mainland.Mainland can draw lessons from Germany,Japan and Chinese Taiwan in its judicial practice,the system of invalidation of rights and the relevant practical experience,with the failure of power system are summarized analysis,direct limitation system in civil law general principles relevant sections,to place it in the statute of limitations and behind the scheduled period,separate provisions into a law,so as to perfect the regulations of mainland area limitation system. |
