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Litigation Limitation Suspension And Uncompleted Litigation

Posted on:2011-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:L F ShenFull Text:PDF
GTID:2166360305476282Subject:Law
Abstract/Summary:PDF Full Text Request
"Civil Code"in our country only sets litigation limitation suspension ,and provides the statutory subjects of it in a general way ,the system of uncompleted litigation limitation does not mentioned in our"Civil Code".The value of the system of litigation limitation suspension and the system of uncompleted litigation is to give claimant more fully reasonable time to realize their rights, which could balance the condition of the in balanced interests which possibly induced by the system of litigation limitation . However, the two systems have a great deal of difference, which could not take the place of each other. The thesis analyzes the rules of litigation limitation suspension and uncompleted litigation limitation provided by"German Civil Code"and"Civil Code"in Taiwan ,and the rules of litigation limitation suspension of the current civil laws and the proposal of Chinese Civil Code provided by Wang Liming and Liang Huixing. The author holds the opinion that the legislation of litigation limitation should improve the limitation suspension system and increase the statutory subjects of it and construct the system of uncompleted litigation limitation in order to make full use of the function of litigation limitation system.
Keywords/Search Tags:litigation limitation, litigation elimination, litigation limitation, uncompleted litigation limitation
PDF Full Text Request
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