试论利益偿还请求权消灭时效制度

On the System of Negative Prescription of the Right of Claim for Repayment of the Interests

我国票据法没有规定利益偿还请求权消灭时效制度,有的学者认为对利益偿还请求权应适用民法上时效制度的规定。但是,从消灭时效的客体和功能以及利益偿还请求权性质等角度来看,利益偿还请求权消灭时效制度在票据法上应有所规定,并且,它是一种短期时效。

The system of negative prescription of the right of claim for repayment of the interests has not been established in the law on negotiable instruments in our country. Some scholars argue that the provisions of the prescription in civil law should be applied to the right of claim for repayment of the interests. However, in terms of the object and function of negative prescription and the character of the right of claim for repayment of the interests, the system of negative prescription of the right of claim for repayment of the interests should be established in the law of negotiable instruments, and it is a kind of short-period prescription.