The Characters Of Right Of Formation And Exercise Limitation

Civil law is also called "right method". The construction of right system plays an important role in civil law. Right of formation is a new member of the system of civil law.This paper introduces the concept of right of formation and its origin. It elaborates the development of right of formation in civil law countries and considers the right of formation belongs to change right. It compares the right of formation and similar rights, in order to illustrates the similarities and differences among the right of formation,right of dominion, right of claim and right of defense. They together constitute the rights of the civil law system. The execution of right of formation is a kind of unilateral obligation behavior. The right of formation of private party stands the statue of submission.Theory comes of practice and should service practice. After the discussion on the theoretical problems of right of formation, I have a common view on it. In this paper, it also analyzes the practice of right of formation, the contract law with its judicial interpretation and the specific provisions of right of formation. It points out the advantages and the disadvantages which need to improve.The nature of right of formation is right.It reveals the features, its examples and special circumstances to illustrate the standard of classifying the form right. The foundation, function to legal relation, context, effect, parties in legal relation, exercise style are also involved. The core of form right is exercise, the intrinsic and extrinsic limitations during exercise are very also important Theory comes of practice and should service practice. After the discussion on the theoretical problems of right of formation, I have a common view on it. In this paper it also analyzes the practice of right of formation, the contract law with its judicial interpretation and the specific provisions of right of formation. It points out the advantages and the disadvantages which need to improve.It focus on the problems when obligees exercise their right of formation. The proposals includes admitting the possibility of the infringement of right of formation, increasing the objects of right of subrogation,changing the exactly way of the Ausschlussfristen, deciding clearly the parts of Ausschlussfristen in right of formation, and put the parts of litigious right into right of formation. Combining theory with practice, solving problems as the starting point and demonstrations are the character of this paper.The first part introduces the propose and development of right of formation which expounds the detail and the development of right of formation’s spread among the continental law system in several countries. By comparing different views of numerous scholars, the importance of right of formation in civil rights system highlights itself. That is the subordinate of changes right. It compares the subordinates of right of formation, such as Dominion, claims, defense and home remedy legal behavior, finding their relations and difference, then discussing the right and obligation of right of formation at the aspect of human beings, analyzing the nature and feature of right of formation, further onward identifying it as a right. The second part introduces the relative problems during the exercise of right of formation including the function of right of formation’s form, its perish and the lapse, the subject during the exercise of form right. The special case and two major exercise methods are also involved. The third part is closely related with the second one in the research of exercise and limitation of form right. The vivid details of form right are clear by wielding with practice and analyzing two important rights---admit posthumously right and cancellation right. It comes up with the idea that right services the practice and the significance of noticing the specific issues, such as the exercise time, burden and confirm the defendant, and offering their proposal about the drawback of legislation.