The Object of Civil Action and Right of Civil Action
Li Long
Abstract
Li Long
Abstract
Right of action is a right a party has to request a trial court resolve a substantive civil right that is in dispute or under irregular conditions. The author holds that right of action and object of action is a pair of concepts closely related. The theory of right of action and the theory of object of action follow the same route of development. The theory of right of action has experienced the theory of civil law right of action, the theory of public law right of action and the theory of denying right of action. Each theory has obvious defect and none of the theory is perfect. But some ideas of the theory of public law right of action have become the general theory in principal continental law countries. Right of action must fulfill its procedural and substantive elements, or else it will not be properly exercised and be fully realized.
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Right of action is a right a party has to request a trial court resolve a substantive civil right that is in dispute or under irregular conditions. The author holds that right of action and object of action is a pair of concepts closely related. The theory of right of action and the theory of object of action follow the same route of development. The theory of right of action has experienced the theory of civil law right of action, the theory of public law right of action and the theory of denying right of action. Each theory has obvious defect and none of the theory is perfect. But some ideas of the theory of public law right of action have become the general theory in principal continental law countries. Right of action must fulfill its procedural and substantive elements, or else it will not be properly exercised and be fully realized.
Key concepts: Object (grammar), Law, Action (physics), Civil procedure, Principal (computer security), Political science, Computer science, Physics