除斥期间（In addition to the period）.docVIP

除斥期间（In addition to the period） Key words: time/exclusion period/statute of limitations/formation right Abstract: in addition to the time limit for the exercise of the right to form the civil law, it is similar to the statute of limitations. However, there is a fundamental difference between the two. There are many defects in the current civil legislation in China, which need to be improved. In civil law, the existence or exercise of the rights of the right to be affected by the passing of time mainly includes the limitation of the elimination of the statute of limitations (the statute of limitations in our country) and the period of exclusion. As to the limitation of action, the general principles of civil law and the relevant special laws are familiar to people. And about the scheduled period, legislation is relatively decentralized, and with the statute of limitations has many similarities, the judicial practice, people often will be mistaken for the statute of limitations during scheduled, and, in fact, both in the legislative purpose, there are many different legal consequences, etc. The formation of the theory during the exclusion period During the scheduled Ausschlussfristen (Germany), refers to the law or the parties determined in accordance with some rights reserved during the duration of the period, the right to destroy, of course, during the duration of the right is also known as scheduled the scheduled period. During the period of exclusion, there is no special term in civil law and other related laws. In civil law theory, according to the difference of civil rights, the civil rights are usually divided into the right of control, the right of claim, the right of formation and the right of defense. Only the right of formation is applied to the exclusion period. (1) the establishment of the right concept formation, is an important finding of law, it is by the German scholar, Kerr (SeckeD official pointed out that in 1903. (2) the so-called right of formati