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Research On The System Of Changing Parties On The Civil Execution Procedure

Posted on:2008-06-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y L FuFull Text:PDF
GTID:2166360218960852Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
This thesis studies the necessity and power basis of the system of changing parties on the civil execution procedure, which prove the rationality of this system. However, there are so many flaws in the present system in our country, it is important thing to clarify the theory basis and perfect the content of this system.The author considers that the substantive legal reasons why enforcement parties may change are changes of civil rights and obligations between parties, which can be called"the transferability of civil rights and debtors". This is the substantive legal foundation of parties changed in civil execute procedure. Meanwhile, for execution debtor, all his property is called responsibility property in civil law, which has a nature of constancy. When others hold the debtors'responsibility property, they are supposed to into the civil execute procedure as parties. This can be called"Constant nature of debtor's property". This is another substantive legal foundation of parties changed in civil execute procedure. From the way of procedure theories, expansions of execution power are caused by the expansions of subjective scope of res judicata. Meanwhile, dual attribute of execution power decide the expansions of execution power in peculiar circumstance. So expansions of subjective scope of res judicata and expansions of subjective scope of execution power are the procedural legal foundation.Secondly ,the reasons of execute parties'changes can be classified as succession,taking on the lawsuit,possessing of the specified property and causes that result in the expansions of subjective scope of execution power .The author will reconstruct these reasons.Finally, the author consider that the execute parties should lead the whole procedure and have right to apply. As for the examination process, it is the enforcement organ that should use its power in way of hearing. And considering the deeply study on the remedy procedure, the thesis only discusses one of methods, which calls"Klage auf Erteilung der Vollstreckungslaisel"in German.
Keywords/Search Tags:Civil Execution Parties, Causes, the Foundation of Law, Theories, Procedural Protection
PDF Full Text Request
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