論潛在損害的訴訟時效

On the Limitation of Action of the Latent Damage

潛在損害是現代社會常見的損害種類，它與因現代性迅猛發展而引發的“風險社會”緊密相關。傳統歐陸民法的時效制度幾乎沒有關注這一問題，導致潛在損害賠償請求權往往因罹於時效而得不到任何救濟。近年來，一些國家努力突破傳統時效制度的限制，擴大對潛在損害的救濟。在我國轉型期間，潛在損害是經濟發展的代價之一，受害者多為消費者和勞動者。從利益衡平角度考慮，我國立法應規定潛在損害不適用最長訴訟時效。

The latent damage is one kind of damages which is common in modern society, and it is closely related to “risky society” which is caused by the rapid development of modernity. Paying no attention to this issue in traditional European civil law system, the claim for compensation of the latent damage can not be recovered just because of overrunning limitation of action. In recent years, some countries have made their efforts to break through the restriction of the traditional limitation system and expand relief of the latent damage. During the social transition period, the latent damage is the cost of economic development, and both consumers and workers are victims of it. From the point of view of equity of interest, our legislation should regulate that the latent damage not be applied to the maximum limitation of action.