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英国法把诉讼时效的延长称为“时效的排除权”,且仅仅适用于人身伤害请求。时效排除权的判断标准为时效的适用对原告的不利和时效的排除对被告的不利,对被告的不利不是指被告因失去时效抗辩权本身遭受的不利,而是指时效期间的经过对被告实体法上抗辩的不利影响。排除权适用中法定的考虑因素包括原告推迟起诉的时间和原因、推迟起诉引起的证据弱化以及原被告的相关行为。对于时效排除权的行使,成文法和上诉法院都很难加以约束和限制。诉讼时效延长给极个别请求人带来的公平待遇,是以造成整个法律关系的不确定性为代价的。
The UK law referred to the extension of statute of limitations as “the exclusion of limitation” and applies only to requests for personal injury. Aging of the exclusion of the judgment criteria for the application of prescription Avoidance of the adverse and timeliness of the defendant against the plaintiff, the defendant is not unfavorable refers to the defendant lost the defense of the rights of the adverse endurance itself, but refers to the period of time after the defendant entity The negative impact of the law defense. Statutory considerations in the application of the exclusionary right include the time and reason why the plaintiff postponed the prosecution, the weakening of the evidence due to deferral of the prosecution, and the related acts of the original defendant. For the exercise of the limitation of imprisonment, both statutory and appellate courts find it difficult to impose restrictions and restrictions. The fair treatment brought by the prolongation of the lawsuit to a very few claimants is at the expense of the uncertainty that has created the entire legal relationship.