西南石油大学学报(社会科学版) ›› 2010, Vol. 4 ›› Issue (4): 32-36.DOI: 10.3863/j.issn.1674-5094.2010.04.007

• 政治学与法学 • Previous Articles     Next Articles

A FEW THOUGHTS ON LIMITATION OF ACTION

ZHOU Hai-lang   

  1. People′s Court of Qijiang County,Qijiang Chongqing,401420 ,China
  • Received:1900-01-01 Revised:1900-01-01 Online:2010-07-20

Abstract: Limitation of action is an enactment in a legal system that the obligees will lost the status of pleading protection with the people′s court if they fail to exercise their rights within the time limitation.When the limitation of action expires,the right of defense should be implemented.Limitation of action is applicable to the claims of right of personality and status when actual infringement is involved,but not when immaterial infringement is involved.Limitation of action is not applicable to the claims of removal of obstacle and elimination of danger.Whether limitation of action is applicable to the claim of restitution of property depends on different situation when the claim is made.When the litigants present their petition to the court,and when litigants withdraw their petition after presentation,the prescription period is interrupted and the limitation of action should be recounted.

Key words: limitation of action, debt, interruption of prescription, right of personality, right of status

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