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The Speculation On The Limitation Of Actions Of The Invalidity Of Contract

Posted on:2015-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q W ChenFull Text:PDF
GTID:2296330467973607Subject:Law
Abstract/Summary:PDF Full Text Request
Covered by the statute of limitations on the invalidity of contract, such as a request toconfirm the invalidity of contract, the return of property or compensation for damages andother legal consequences arising after the statute of limitations applicable to the contract isconfirmed as invalid, our legal and judicial interpretation and there is no clear law, civil andcommercial legal theory this argument a lot, judicial practice in similar cases to this there arealso different referees results, therefore, for the issue to be further unify their understandingand improve the system. This paper describes our current theory after an invalid contractconfirmation of the applicability of the statute of limitations issues and different perspectivesassessment, the author puts forward his view that the right to request confirmation of theinvalidity of contract provisions of the statute of limitations does not apply, and the objectfrom the limitation of actions, invalid value conflict areas limitation system contract systemand the legislative purpose and method were demonstrated. Contract is confirmed will havethe right to request the return of property and compensation for losses after claims invalid,damages claims belonging to creditors, Tong said that the provisions of the statute oflimitations applies. The request for the return of property rights, I believe that the essence ofsecondary sexual rights claims Real relief shall also apply the statute of limitations, whichthe statute of limitations begins to run, the situation should be distinguished from the date ofexpiry of the performance period or the date of determining invalidity.
Keywords/Search Tags:The invalidity of contract, The statute of limitations, Starting point
PDF Full Text Request
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