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The Constitutive Requirements Of The Discharge System

Posted on:2008-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiuFull Text:PDF
GTID:2166360218460700Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The discharge system is very important in the debt law. It describes the whole movement of the debt with the occurrence and assignment systems. It is the most common way to perish the debt and concerns the conditions of realizing the debt. The constitutive requirements of the discharge are the cause of fructus legis. It is the core to describe the discharge system and has great meaning to the system designing and practice. The study of this area in China is not very good in whole and depth. It ignores the relationship between the elements of the constitutive requirements. And there are still many problems which have not been cleared. So this paper chooses the constitutive requirements of the discharge system as the subject investigated. It researches the subject in comparative and logic way by analyzing the regulations and literatureThe paper consists of three parts: preamble,text and conclusion.The section of preamble mainly introduces the background and meanings of this paper. It involves the current research situation in this field, methods of research, structure of discussion. A prerequisite explanation of author's research is expected.The second of text includes four parts.The first part focuses on the subject of this paper. Firstly it answers the question that why the study begins with this problem. Secondly it describes the way the word usually used in the academic area. Then it uses the professor Hart's analysis approach to solve this problem.The second part pays attention to the main codes and theories in the Civil Law System about the subject of the paper. It describes the constitutive requirements of the discharge in four respects: Subject, conducts of subject and subjective aspects. Then it abstracts the sameness, difference and common character through the comparison.The third part researches the particular elements which bring out the arguments. On the basis of the former parts it finds out which elements are usually been misunderstanded, such as the deed of the debtor, the acceptance's fructus legis, and the existence of the subjective aspects. Then it does a special analysis and deep explanation about these questions. Lastly it analyses the core of the constitutive requirements on the basis of second part and retells the constitutive requirements on the stand of the core.The forth part evaluates our country's relevant system and gives some reasonable advice. Firstly it describes the actuality of the constitutive requirements in our regulations. Secondly it analyses the problems existing in our law with the help of the research of the first three parts. Then it gives the advice on the basis of ideas which are been provided by other scholars in China.The last section gives a simple conclusion of the whole paper.
Keywords/Search Tags:constitutive requirements of the discharge, discharge of debt, realizing the debt
PDF Full Text Request
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