Research On The Legal System Of Invalidation Of Rights

The prescription system is an important system of the civil law. As to the prescription system, our country's civil law only provides the limitation of action and the scheduled period. As China's socialist market economic system continues to improve and the process of rule of law speeds up, the inadaptability of this system becomes increasingly obvious. Originating from the German judicial practice, the system of invalidation of rights completes the content of the prescription system. On one hand, it makes up the narrow scope of application for the scheduled period; on the other hand, it can soften the rigid system of limitation of action. Japan and Taiwan have successively established the system of invalidation of rights in the form of judicial precedent. As a civil-law-system area as well, Chinese mainland should also research this system for the theoretical and practical needs.This thesis can be divided into five parts. The First Part is an overview of the system of invalidation of rights. It introduces the system of invalidation of rights from four aspects—its meaning, its nature, its legal basis and its origins. The Second Part explores the applicability of the system of invalidation of rights to various civil rights. It holds that this system is generally applicable to various civil rights. The Third Part researches the system of invalidation of rights from the side of its constitutive requirements. It holds that these elements are required—the obligee fails to exercise his rights, the obliger trusts that the obligee will not exercise his rights, and the law should balance and choose between the interests. The Forth Part expounds the legal effect of applying the system of invalidation of rights. It believes that the application of this system will result in the elimination of substantive rights. The Final Part of the thesis discusses about the establishment of the system in our legislation. It holds that we should at first admit the system of invalidation of rights through judicial interpretation, when conditions permitting, we can write it into the Civil Code.