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权利失效是大陆法系基于民事诚信原则,创设于权利观念和制度较发达时代的一项民事法律制度,对防止权利滥用,平衡民事主体间的利益起到调整作用。然此制度在国内尚缺专门性研究,基于此,本文介绍了引入权利失效的必要性,并分析其基本理论框架,侧重对其构成要件、适用范围及法律效果进行探讨,以期对我国民事立法有所借鉴。
The invalidation of civil rights is a civil legal system based on the principle of civil good faith in civil law system and was established in the era of more developed rights. It plays a regulatory role in preventing abuse of rights and balancing the interests among civil entities. However, this system is still lack of specialized research in China. Based on this, this paper introduces the necessity of introducing invalidation of rights and analyzes its basic theoretical framework, focusing on its constitutional elements, scope of application and legal effects, with a view to China’s civil legislation Learn from