Disposition Of The Consequences Of The Invalidity Of Civil Behavior And The Limitation Of Actions

The relationship between the consequences of invalid civil behavior and the limitation of actions is a difficult problem that is often met in judicial practice. It is related in various degrees with the basic theories, real rights, creditor's rights and tort law of the civil law. This paper consists of three parts:The first part analyses the basic theory related to the institution of invalid civil behavior and the limitation of actions, and provides theoretical foundations for the bridge between invalid and prescription. It pays special attention to the invalid consequences, prescription and the related concepts .It also confines the research subject of this paper at the same time.The second part analyses and discusses the limitation of actions suitable for the consequences of invalid civil behavior. Invalidity of civil behavior is accompanied by returning the property, paying the unjustified enrichment and the right of requesting for compensation for damage. Because the civil law of our country does not acknowledge the independence of the real right behavior or kausale geschafle, the basis of returning the property in the circumstances of invalid civil behavior is the right of requesting for returning the owned property, which is the embodiment of the returning force of ownership. The author of this paper holds that the basis of returning the property in the circumstances of invalid civil behavior is the right of asking forreturning the owned property. This is-the general principle. When the paying things are money, it is unjustified enrichment returning, adopting "the consistency of occupying and owning" because of the particularity of money. Considering the interests and the policy, the law restricts the tracing-back-force of invalid civil behavior in various degrees due to the specific thing damaging, "continuity" pay, protection of the third party acting in good faith, protection of no civil capacity people and restriction capacity people's interests.The various kinds of the right request caused by invalid infringement suitable limitation of actions, Civil law of our country stipulates that the period of limitation of actions starts from the time the party knows or should know his right being injured. The author of this paper maintains the starting of the limitation of actions depends on the nature of the right of requesting .The starting of prescription concerns both the emergence and the expiry of the right of request. It needs to be confirmed according to the basic principles of prescription and different situations of the cases.The third part discusses the disposition of the consequences of invalid civil behavior and the related questions concerning limitation of actions: Firstly, the judge invokes the prescription actively and the prescription passes away. The author holds that the expiration of prescription is an eternal right to defense. If the parties do not revoke it, the judge could not use it by using his power. Secondly, the relationship between the form of the parties' who acclaim for rights and the suspending or interruption of prescription. It mainly discusses the following questions when acting: when the limitation of actions is interrupted, when the limitation of actions restarts if being interrupted, and whether the limitation of actions is interrupted when the actions are withdrawn or rejected. Thirdly, the issue of partially invalid civil behavior and limitation of actions.The prescription system of the lawsuit has important function in the handling of consequence of invalid civil behavior, concerning the party' s interests and the stability of legal order. It needs differentiating and analyzing conscientiously in order to obtain the appropriate conclusion because of the complicated legal principles between the disposition of the consequences of invalid civil behavior and lawsuit prescription, and the various situations.