民事时效是指一定的事实状态持续地经过一定的期间,即发生一定法律后果的民事法律制度。它本身就是一种法律事实,可以成为取得或丧失民事权利的原因。其因事实状态和法律后果的不同而有取得时效和消灭时效之分。凡占有他人财产达到法定期限即依法取得所有权的,为取得时效。因其前提是善意、和平、公开、持续地占有他人的财产,所以又称占有时效。凡权利不行使之事实状态,达到法定期限,权利人即依法丧失其权利的,为消灭时效。因其常涉及诉讼问题,所以又称诉讼时效。1986年颁布的《中华人民共和国民法通则》没有确立取得时效制度。设立时效制度的目的,首先在于维护社会关系的稳定性。一定的事实状态在社会上长期存在,其本身即成为一种相对稳定的社会关系,而且在此基础上还可能形成其他社会关系。但是,这些事实关系,如非财产所有人在诉讼时效期间届满以后对物之自主、善意地占有及由此而产生的其他关系,从法律上讲却是不稳定的。消 Civil prescription refers to the fact that a certain period of time has passed continuously, that is, a civil legal system that has certain legal consequences. It is itself a legal fact that can be the reason for the acquisition or loss of civil rights. Due to the factual status and the different legal consequences, they have obtained the limitation of timeliness and the elimination of limitation of limitation. Where possession of other people's property to the statutory deadline that is, according to law to obtain ownership, for the time limit. Because of its premise is goodwill, peace, openly, continuously possession of other people's property, so called possession time. Where the right does not exercise the fact that the state, to the statutory deadline, the obligee who is in accordance with the law to lose their rights, to eliminate timeliness. Because of its often involved in litigation, it is also known as litigation time limit. The “General Principles of Civil Law of the People's Republic of China” promulgated in 1986 did not establish the system of limitation of time. The purpose of establishing a limitation system lies above all in the maintenance of the stability of social relations. A certain factual state exists in society for a long time, which itself becomes a relatively stable social relationship, and on this basis, may form other social relations. However, these facts are legally incompatible with the ownership of and consequent possession on the part of non-property owners after the expiration of the limitation of action, as well as other relationships resulting therefrom. Cancel