诉讼时效学习笔记（Learning notes of limitation of action）.docVIP

诉讼时效学习笔记（Learning notes of limitation of action） Limitation of action First, the concept and scope of application of limitation of action (1) the concept and characteristics of limitation of action 1. concepts The limitation of action, also known as the prescription of elimination, refers to the legal system that the obligee does not continue to make the right of claim reach the statutory period, i.e., the judicial organ is forced to protect its rights by force. 2. characteristics (1) after the limitation of action, the obligor obtained right of defense, the right people lose the right to win, entity right is not destroyed but become natural rights , the right person may request the judicial organ to fulfill the obligation of compulsory, people get prescription benefits. (2) the system of limitation of action belongs to mandatory provisions, and the parties can not be changed by agreement. Specifically: not allowed by the parties agree to apply rule of limitation of action; the parties agreed not to extend or shorten the statutory limitation period, the peoples court shall not approve; the parties may not give up in advance the interests of limitation, but the debtor may at the expiration of the period of action after the abandonment of prescription benefits. (two) the scope of application of limitation of action 1. the right of claim for limitation of action The limitation of action applies only to the right of claim. In our country, the limitation of action is only applicable to the two kinds of claims: claim of claim; the right of claim for inheritance (article eighth of the succession law). 2. the right of claim that does not apply to the limitation of action (1) the provisions of the first provisions limitation of action, the claims limitation does not apply the payment of deposit principal and interest claim; the payment of treasury bonds, financial bonds, issued to the specific object of the corporate bonds claim; the relationship between investment based on