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Concurrent Execution Of Research

Posted on:2005-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y F DongFull Text:PDF
GTID:2206360155961378Subject:Law
Abstract/Summary:PDF Full Text Request
Compulsory execution coincidence is one phenomenon of objective reality in civil execution. Various countries have different regulations for adopting which kind of principle to compete the problem of compulsory execution coincidence. This text analyses the component part of compulsory execution coincidence, investigates the three kinds of formation of compulsory execution coincidence, proposes adopted the solving method of compulsory execution coincidence. To adopt which kind system of distribution of properties shall be evaluated under the whole legal system. This system is interconnected with the bankruptcy system and both the systems pursue the harmony of justice and efficiency, though they carry out individual satisfaction and equal satisfaction separately with different functions. As general bankruptcy system concerned, it is reasonable to adopt the "Priority Doctrine" because this principle lays equal emphasis on both justice and efficiency, while the "Mixed Doctrine" is necessary in the case of bankruptcy of merchants. If the general bankruptcy doctrine is a kind of legislation trends, it is also a kind of legislation trends for the "Priority Doctrine" to substitute the "Equal Doctrine" or "Group Priority Doctrine". In China, the "Mixed Doctrine" shall still be adopted for the system on distribution of properties under enforcement with respect to the enforcement legislation, but "Priority Doctrine" shall be adopted in the future.
Keywords/Search Tags:Compulsory Execution Coincidence, Participation Allocation, Priority Doctrine, Mixed Doctrine
PDF Full Text Request
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