Research On The Theory Of Invalidation Of Rights

The right holders do not exercise their rights for a long time,so that the relative person will have a reasonable trust that the obligee will no longer claim their rights and do trusting investment.Based on the principle of good faith,they will suffer negative comments on their exercise of rights.Germany,Japan and the Taiwan Province of China all have established the invalidation of rights based on the needs of practice.Right must be exercised freely,and obligation must be fulfilled at any time.But the right is socially,and the concept of legal right has gradually changed from "individual standard" to "social standard",and the exercise of right needs to be properly limited.The invalidation of rights is a time limit for the exercise of right.But for this problem,there are different opinions both in theory and practice.At the same time,the demand for this theory is put forward in practice.Therefore,it is necessary and important to study this problem.With regard to this theory,this paper mainly discusses the following five parts.In the first part,through the analysis of the judicial practice in our country and the cases of Germany,Japan and the Taiwan Province of China,putting forward the invalidation of right discussed in this paper.In our judicial practice,there have been some cases of application of this theory,but it is not standard.In Germany and Japan and the Taiwan region of China,the invalidation of rights has been established and widely applied.The second part is to clarify the theoretical basis of the theory of the invalidation of right.The failure of the right is the concretion of the principle of good faith.The purpose is to maintain the principle of good faith,and to maintain a reasonable trust interest.At the same time,it is a supplement of the limitation of actions and scheduled period.The third part is the focus of this paper,analyzing the elements of the invalidation of right which include the time factor and behavior factor,trust factor,the obligor's behavior conforms to the integrity and not applicable rights failure will lead to serious imbalance of interests,in which trust element is the most critical.The obligor,basing on the behavior of the obligee,trusts that he will no longer be claimed for the right,so he has already invested in trust and produced the reliance interest protected by law.The invalidation of right,as a restriction on the exercise of rights based on the principle of good faith,must be strictly applied.Only when the above elements are met,can the right be invalid.The fourth part is the scope of application of the invalidation of right.As the embodiment of the principle of good faith,it applies to all rights in principle,including the right of claim,the right of formation and the right of defense.However,based on the special attribute of dominance,the invalidation of right is not applicable to the right of domination.The fifth part discusses the legal consequences of the invalidation of right,based on different applicable objects,and the legal consequences are different.For the right of pleading and the right of defense,the legal effect of the invalidation of the right is the statement of the right of defense.For the right of formation,the legal effect is the extinction of rights.Through the above five parts,on the one hand,it clarifies the significance of invalidation of rights.On the other hand,it clarifies the elements,scope of application and legal effect of invalidation of rights,so that it can be better applied.