On The Agreement Of Limitation Of Actions In Civil Law

The system of limitation of actions is a specialized system extracted from the influence of the time factor on the legal effect and the legal relationship in the traditional civil law.It is also a basic system with a long history in the traditional civil law.As the legislators generally hold the expectation of preserving social public welfare,the limitation of actions has been deeply imprinted on the compulsion and imposition of law for a long time,and all aspects of the limitation of actions are stipulated directly by the law,so there is no chance for the party's subjective initiative to play a role in the limitation of actions.However,with the continuous development of social life,the statutory limitation of actions has been gradually unable to meet the civil legal requirements of the increasingly complex legal relationships.To this end,in recent years,the legislation of the countries with the newly revised German Civil Code as the representative,has been giving the parties rooms for autonomy more or less in the process of applying limitation of actions,it means those countries allow the parties to agree on limitation of actions to a certain extent.I believe that the absolute and broad-based prohibition of the statute of limitations is not only not conducive to respond to the reasonable demands of the parties,but also undermines the rights of freedom.Therefore,it would be a better realization of the value of the system of limitation of actions when allowing the parties to agree on limitation of actions.This article intends to analyze the theory which originally supported the statutory and compulsion of limitation of actions,and draws lessons from the legislative experience of the limiutation of actions in the world,then discusses the agreement of limitation of actions through legitimacy basis and judicial application.The first chapter of this paper discusses the basic theory and the history of the system of limitation of actions,revealing the legislative motive and value orientation of limitation of actions,and also introduces the main academic understanding of the statutory and compulsion of limitation of actions.Chapter two makes an analysis of the legislation on the effectiveness of the statute of limitations,and analyzes what reference and help of the extraterritorial legislation can provide for improving and perfecting the limitation of actions in our country.The third chapter focuses on the legitimacy basis of the agreement of the limitation of action.While those old theories providing the existing basis of the statutory and compulsion of limitation of actions are no longer adaptable to social reality,it is more reasonable for the parties to agree on the limitation of actions within a certain limit.The last chapter is the exploration and suggestion of the agreement of the limitation of actions in judicial application.