| 英文摘要 |
This paper is to review the starting time of prescription, which is involved in the dispute between the objective theory and the subjective theory. In particular, it examines some controversial cases on the claims arising from the contract of loans, the contract of mandate, the claims on damages, and the claim on substitute performance. This paper also explores the impediments on the prescription in German and Japanese new civil codes and the Principles of European Contract Law. In Taiwan, the Civil Code does not provide any articles on the suspension of prescription, while it is covered by German Civil Code. The suspension of prescription will be included in the Taiwan Civil Code to cover the filing of lawsuits and the parties’ negotiation. At last, the statute of repose for a claimant to make a claim on the increase of reimbursement under the doctrine of the change of circumstance for the contract of work is discussed. |
