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The Priorities In The Compulsory Enforcement And The Dealing Of Their Concurrence

Posted on:2007-04-21Degree:MasterType:Thesis
Country:ChinaCandidate:J H GongFull Text:PDF
GTID:2166360212958005Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
During the compulsory enforcement, the judge will always face some priority such as security interest and leasehold. It is an important and actual matter for officials how to deem, deal these priorities and protect the legal rights and interests of the clients and other persons related. What we call pdority in civil law means one kind of right owned by special creditor who could get paid first with debtor's ordinary or special possess. The conception of priority could be understood from broad and narrow sense. I want to discuss and solve the broad one in this paper which include all kinds of rights in enforcement procedure which could be paid, transferred and dialed first such as the priority in civil law. We should admit that legislators in our country never neglect the legal and social needs satisfied by the priority system. In fact we have taken various measures including priority to protect the special debt and credit relationship while the practice of the legislation and justice.While justice practice and during the enforcement procedure, there are a lot of special right for those clients and persons not involved in the case. When enforcing some special possess by the material law and procedure law. In it various priorities take certain percentage. The enforcement officials will face three kinds of priorities: priority of claim, priority of transferring and priority of benefit which comprise various preferential right such as security interest from present regulation when enforcing some given possess.The situation of concurrence of different priorities will take place. This concurrence means that is first when several priorities exist on the same object. It could also exist several situation of concurrence between security interests, between security interest and priority, between priorities. When dealing this concurrence we should obey some principles and be in accordance with the legislation aim and value judgment to confirm the reasonable sequence of is paid.It is the urgent affairs for employee and victim in accident to get priority of claim. The ultimate solution is consummating the present regulations about enforcement and establishing the priority system in civil law. Priority possesses the function, effect and value, which other security, interests could not be instead of. The justice and au pair value and efficiency value of protection of the special creditor' rights regulated by law directly could sufficiently prove the meaning of the independence of the priority. And this is inevitable to consummate the legislation system of our country and solve the actual social matter.
Keywords/Search Tags:enforcement procedure, priority, Concurrence
PDF Full Text Request
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