Study On The Effect Of The Settlement Contract In Civil Law

There exists the phenomenon of emphasizing the settlement contract in litigation and light the settlement contract in civil law in our country.However,in the settlement in civil law,there exists the phenomenon of emphasizing conciliation and light settlement.Throughout the history of the settlement in civil law,The validity has divided into substantive validity and procedural validity,There is also a dispute between ‘deklarativ' and ‘konstitutiv'.Compare the referee's dispute resolution process,the settlement contract in civil law,as a procedure of dispute resolution outside the jurisdiction,has a combination of substantive and procedural determination.The validity of substantiality is to determine the content of juristic act of dispute from the entity,so as to eliminate its uncertainty and make the cause of the debt according to the concrete content after confirmation.The procedural effectiveness is manifested in the procedure of eliminating the disputes between the parties,the content of the legal relationship,the content of the entity and the content of the settlement contract in civil law,and the right to be renewed,that is,consuming litigious right.On the premise of applying the basic principle of general contract in civil law,There are also special rules in determinate effect of the settlement contract in civil law.There are different influences on the effect of the settlement contract in civil law by the reconciliation error and the settlement base error.We can not affect the effect of the settlement contract in civil law by obvious unfairness for its aleatory and procedural.the settlement contract in civil law can obtain compulsory execution by judicial confirmation.The court can program auditing only in judicial confirmation.Finally,The settlement contract in civil law can really play the role of dispute settlement mechanism.