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《China Legal Science》 2010-06
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A Systematic Reconstruction on Effect of Creditor's Claim after the Conclusion of Limitation Period

Zhu Xiaozhe  
The general principle of limitation of action in civil-law theory and legislation is that the debtor obtains right of defense when limitation of action has expired.Based on this principle,the author try to define and analyze the legal force of obligation after the expiration of limitation of action.Concretely speaking,when the debtor abandons this right of defense,the request force of obligatory right will be restored;when the debtor fails to claim or voluntarily performs his obligation in spite of claiming his right of defense,the obligee can accept and keep the debtor's performance and have the right to refuse restitution;when the obligee and debtor have made a performance agreement,this agreement shall be interpreted to determine the parties' true intention which is to abandon this right of defense or to burden new obligation in order to clear off the old one.
【Fund】: 上海市教委第五期重点学科“民法与知识产权”(编号J51104)阶段性研究成果
【CateGory Index】: D923
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