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《Science of Law(Journal of Northwest University of Political Science and Law)》 2018-04
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The Reconstruction of the Reason and the Interruption of Prescription

Feng Jieyu;  
The Setting of interruption of prescription should according to his justifications. Our traditional interpretation of the justifications is included by the Soviet Union civil law theory,and it is a pluralistic justification. This doctrine does not depart from Savigny's understanding of prescription in the mid-nineteenth century. With the development of specific institutions of prescription,especially the effect of the expiry of the prescription changed from mechanism of elimination of recover in lawsuit to the efficacious state of prescription action,the change of the permanent coercion,there is contradiction between the justification and the specific institutions of prescription. In order to remove such contradictions,it is necessary to reconstruct the justification,namely The system of prescription is to avoid the debtor from the unstable legal status,and on this basis to maintain the existence of debt. It embodies the coordination of these two interests. These two kinds of interests in the interruption of prescription,embody two types of interruptions: Claim of right and Recognition of debt. On the basis of these two types the interruptions should also be reconstructed.
【Fund】: 中国博士后科学基金面上资助项目(2017M610314)
【CateGory Index】: D923
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