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时效制度作为民事法律制度的重要组成部分,在大多数国家得以确立。但由于时效制度法源久远,其内涵在历史不断发展过程中出现了异化,而现代学理将应用性作为时效制度的基础的思路,随着新型权利形态的不断产生,使得时效制度的准确把握存在理论和实践的巨大混乱。事实上,时效制度同任何其他法律制度一样,解决的仍然是人类利益的冲突和分配问题,所以回归法律关系本身,从权利的差异性寻求时效的基础应当是正本清源之道。基础一旦明确,何种权利适用何种时效制度的问题也自然得到解决。
As an important part of the civil legal system, the system of limitation is established in most countries. However, due to the long history of the limitation system, its connotation has alienated in the continuous development of history. However, modern theory has applied the idea of application as the basis of the limitation system. With the continuous emergence of new forms of rights, the accurate existence of the limitation system Great confusion in theory and practice. In fact, as with any other legal system, the limitation system resolves the issue of the conflicts and distribution of human interests. Therefore, returning to the legal relationship itself and seeking the basis for the limitation from the difference in rights should be the source of the original. Once the foundation is clear, the question of what kind of limitation system to apply to which rights will naturally be solved.