The Study of Statute Limitation System

• Main Authors: Fu-Jong Cheng Chien, 張簡復中
• Other Authors: Jau, Chih-Ming
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/32791860997090553348

碩士 === 國立高雄大學 === 法律學系碩士班 === 104 === Roman proverbs "legal help industrious people, not to help people sleep." (Vigilantibus et non dormientibus jura subveniunt), under the principle of private autonomy, independent charity who the right people the right not to exercise their rights, although, but for a long time not to exercise rights prone to these ills case, in order to maintain the existing legal order, ensuring stability and order, take prescription system can achieve education, urging an early exercise of the right people the right purpose, to reduce legal disputes and promote harmony. Eliminate aging into "general limitation period" and "especially during aging," the general limitation period of 15 years, places special limitation period provided by law, shall be prescribed in order. In the Republic of China no longer than 15 years especially during aging, it is especially the limitation period is also known as "short-term aging." Civil Code Section 147: "The limitation period shall not be lengthened or shortened to legal acts of." Civil Code Section 128: The right not to conduct for the purpose of the request, since the starting of behavior "eliminate aging, when the request for the right to be exercised starting. time. "The so-called request exercisable shall relate rights holder may exercise the right of the state in terms of the request, as the obligor is actually able to pay, the non asked. In normal circumstances, the right to form and to take effect, the request to exercise the right. If the claims deadline laid down, since the period commences until the session. During the extinctive prescription, because there is the fact that the incidence of inappropriate conduct during the cause has been attributed to ineffective, and re-starting from the time the subject of termination. The relevant provisions of the Civil Code Section 129. But according to the provisions of Article 138 of the same Act, the limitation interrupt merely relative. During the nearly completed occasion effect, for the rights of people to exercise their rights can not or difficult obstacles grounds exist to make aging temporarily not complete. In the age of the system is not complete, the subject of the occurrence of obstacles does not stop aging proceeds, the nature, the Department will terminate the subject during the obstacle limitation extended at the discretion and the limitation period in this report is completed after the start. Natural disasters such as the Civil Code Article 139 of the incident. Aging does not have a complete barrier to the subject line of social facts objectively difficult to implement, so the limitation is not completed for any person has the effect, with absolute. After the completion of the eradication of aging effect, the provisions of different countries, mainly the right to destroy the doctrine, the right to appeal and defend the right to eliminate the occurrence of Marxist doctrine. In this paper, aging system for the study, and to eliminate aging, standard contracts, debts and damages for non-performance of the order, to discuss and finalize contracts aging reduction, debt compensation for non-performance and damage the relationship between.