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通常认为,诉讼时效的客体应为各类请求权,物权不能作为诉讼时效之客体。但笔者认为这种观点存在片面性。物权分为所有权和其他物权,所有权虽无法适用诉讼时效,但是用益物权和担保物权两类他物权都有适用诉讼时效之可能。因为,此二者虽为支配权和绝对权,义务主体不特定,但却存在较为特殊的义务主体——所有权人作为有利害关系的相对人,可以主张适用诉讼时效。他物权适用诉讼时效的法律后果是取消所有权因设立他物权而受到的各种限制,收回所有权分离出去的各项权能,由所有权人全面行使所有权的各项权能。
It is generally believed that the object of limitation of action should be all kinds of claims, and the property can not be the object of limitation of action. However, I think this view exists one-sidedness. Ownership is divided into ownership and other property rights, although the ownership can not apply the limitation of action, but the usufructuary right and security of the two types of real right has the possibility of application of statute of limitations. Because although the two are the dominance and the absolute right, the subject of obligation is not specific, but there is a more specific subject of obligation - the owner as an interested relative can advocate the limitation of action. The legal consequence of the statute of limitations in the application of his property rights is to abolish the various restrictions on the ownership of the property that he has been entitled to set aside and to recover all the powers separated from the ownership and the full exercise of the ownership of the ownership by the owner.