Study on the Applicable Object Scope of the Execution Limitation
The current regulations in our country don't directly specify the applicable scope of the enforce-ment prescription.As a result,different courts have different views on whether the circumstances mentioned in Article 196 of the Civil Code can be applied to the enforcement prescription.Article 15 of the Enforcement Law(Draft)stipulates the applicable rules of the enforcement prescription and directly links the enforcement pre-scription with the limitation of action.However,there is still room for interpretation whether the normative ob-ject of this article covers the scope of application of execution limitation.Therefore,it is necessary to clarify the fundamental nature of the prescription of execution as the prescription of elimination in the execution stage,and make clear that the prescription of action and the prescription of execution together constitute the limitation system of the right of claim.On this basis,it is confirmed that the scope of applicable object of executionpre-scription is consistent with prescription of action,excluding the situation mentioned in Article 196 of the Civil Code.
国家科技期刊平台
NSTL
万方数据
维普
