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构建合理的消灭时效制度是当下编纂民法典的任务之一。消灭时效的是适用对象不应限于债权请求权,物权请求权同样应当受其限制,但是所有权人的返还原物请求权因为所有权的性质不宜受诉消灭效制度限制。对比欧陆各国立法例,下灭时效的期间除了一般短期时效期间和绝对时效期间,还需构建一般中长期时效期间;消灭时效的中止和中断的事由应重新构建;允许当事双方协议延长或缩短时效期间,单方放弃或双方协议放弃消灭时效亦符合意思自治原则。
It is one of the tasks of the present compilation of the civil code to establish a reasonable system of elimination. The object of extinguishing the limitation is that the applicable object should not be limited to the claim right, and the claim of the real right should be restricted by the same. However, the right of the owner of the original right of return should not be restricted by the extermination system. Contrary to the legislation of various European countries, the period of expiration and expiration should be constructed in addition to the general short-term and absolute periods of limitation. The reasons for the suspension and interruption of the expiration date should be reconstructed. Both parties should be allowed to extend or contract the agreement During the period of limitation, the principle of autonomy of autonomy is also unilaterally given the principle of giving up unilaterally or abandoning the limitation of limitation by both parties.