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On The Object Of Extinctive Prescreption

Posted on:2007-10-11Degree:MasterType:Thesis
Country:ChinaCandidate:L B LiuFull Text:PDF
GTID:2166360182490167Subject:Civil and Commercial Law
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In addition to the introduction and conclusion ,this thesis is divided into three parts.Part I ,in the overview of the object of extinctive prescreption ,the author at first make a comparation between the extinctive prescreption and the limitation of action. Then discards the limitation of action and use of uniform terminology the extinctive prescription. And then analysed the object of extinctive prescreption'definitions which were made by the contemporary scholars,found that we should be from the angle of disappearance instead the scope of application of the civil rights , makes the object of extinctive prescreption a definition that the rights which disappeared after certain facts last for a legal period.Then ,by analysed the history and the present condition of the object of extinctive prescreption, the author combed the development trajectory of the object of extinctive prescreption, summarizes the main sample of the legal statutes and theory concerning about in contemporary times,found that some scholars have something wrong in their methods, study point and conclusions when they study the object of extinctive prescreption.So, it is necessary to seek new way to investigate the object of extinctive prescreption.Partâ…¡mainly concerns about the researching point of the extinctive prescription object. The author found that the object must focus on the study of prescription extinctive system itself. The content of extinctive prescription system itself determines the object must have the element of limitation.The starting time and the legal effects are the angle which must be concerned when to investigate the object of extinctive prescription. Furthermore, the object of extinctive prescription after all belongs to right areas, to determine this right areas is to research what rights meet the requirements of the extinctive prescription system for its object . Therefore, the research must focus on rights, with its own system of extinctive prescription object requested. In this ideological guidance ,this part inquiried into the relationship...
Keywords/Search Tags:The Extinctive Prescription, The Object of Extinctive Prescription, The Claim Right, The Relief of Claim Right
PDF Full Text Request
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