The Theory Of The Untrue Association Dedt And Justice Application

The untrue association debt is the civil law system which develops through the court legal precedent and the theory from mainland legal system countries such as Japan and Germany, date. It is the needs with the challenge against the benefit balance in the judicature solution by the complex social life. This article begins with the historical evolution of untrue association debt concept, describes in the trial practice urgently needing suitness but not the unified present situation actually, attempts to the untrue association debt conducts the typological research after sought the untrue association debt the connotation and the system value, then from the creditor requested the power exercised foreign with the debtor additional compensation in two aspects elaborated the untrue association debt potency, finally unifying the trial practice separately discusses this system from the entity and the procedure angle in judicial practice, and proposes preventing the creditor dual the rationalization proposal by the unique angle of view, to recompense, perfect this system to be suitable in the law, thus achieves fair legal value and the justice, efficiency, economy organic unifications.