FEATURES OF APPLICATION OF LIMITATION PERIOD AND ITS INFLUENCE ON SUBJECTIVE RIGHT OF PERSON
Journal Title: Вчені записки Таврійського національного університету імені В. І. Вернадського. Серія: Юридичні науки - Year 2018, Vol 29, Issue 1
Abstract
The article examines the peculiarities of the realization of the right of the parties to the dispute to apply for the application of the limitation period. The author determines the exclusive province of the court regarding the application of the requirement of limitation period and justifies the inappropriate use of it by other jurisdictional and non-judicial bodies. The article criticizes the legally determination of deadline of presentation in court the application of a limitation period, which is executed in a procedural order, and contradicting the arrangements of the Civil Procedural Code of Ukraine Also, it is determined in which cases the written form of application for the using of the limitation period is mandatory. In the article, the author determines that the object of limitation period is the right to a claim in the material sense this is the right to enforce the claim of the plaintiff through the court
Authors and Affiliations
В. А. Романюк
Keywords
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