L imitation of action is the legal effect of time. The limitation of action system reveals the effects of time on the rights that are not exercised. The limitation of action period is a period in which the legal facts...L imitation of action is the legal effect of time. The limitation of action system reveals the effects of time on the rights that are not exercised. The limitation of action period is a period in which the legal facts have constituted, and it is the time artificially designed based on the choice of legislative policy. Anti ?morality is an inherent irremovable attribute of the limitation of action system. The legitimacy of the limitation of action system is a product of transcending the anti-morality. Unlike other civil legal systems, the limitation of action system is established to ensure the law maintains the new order of fait accompli by eliminating or restricting the rights of right holders. This new order is created by legal imagination. It is doomed to be eliminated due to the gap between the new order and the real life order. After the expiration of the limitation of action period, where the parties do not invoke the limitation of action system and willingly pay or agree to perform the obligations or return the property, the limitation of action system usually does not involve the interests of the third party. Then the new order gives way to the old one and the latter prevails.The limitation of action system undoubtedly plays an important role in the theories of the Civil Law concerning time. It is generally believed that limitation of action is the legal effect of time on rights.展开更多
文摘L imitation of action is the legal effect of time. The limitation of action system reveals the effects of time on the rights that are not exercised. The limitation of action period is a period in which the legal facts have constituted, and it is the time artificially designed based on the choice of legislative policy. Anti ?morality is an inherent irremovable attribute of the limitation of action system. The legitimacy of the limitation of action system is a product of transcending the anti-morality. Unlike other civil legal systems, the limitation of action system is established to ensure the law maintains the new order of fait accompli by eliminating or restricting the rights of right holders. This new order is created by legal imagination. It is doomed to be eliminated due to the gap between the new order and the real life order. After the expiration of the limitation of action period, where the parties do not invoke the limitation of action system and willingly pay or agree to perform the obligations or return the property, the limitation of action system usually does not involve the interests of the third party. Then the new order gives way to the old one and the latter prevails.The limitation of action system undoubtedly plays an important role in the theories of the Civil Law concerning time. It is generally believed that limitation of action is the legal effect of time on rights.