On Delay Of Acceptance

In debt in the process of performing, in many cases the debtor discharge debt, need to creditors actively to cooperate and assist, the purpose can be achieved. In this type of debt, creditor debtor does not make or unable to provide the necessary coordination or assist, the debtor will not perform the debt. Therefore, the traditional civil law to establish a delay of acceptance system, using the delay of acceptance legal system to solve this kind of performance obstacles brought legal issue. Delay of acceptance, refers to the debtor to pay the debt in the process to creditor debt creditor debtor can be achieved, for the legal payment shall timely take delivery without taking the fact. In many countries, the delay in acceptance to make relevant regulations, but about the acceptance is creditor’s right or obligation? If there is a delay in acceptance of imputation cause? Delay of acceptance of the legal nature of how? What kind of legal effect as well as the delay of acceptance need which constitute the elements of a series of related problems, has always been controversial. The existing legal provisions of our country not to delay in acceptance is given special systematic regulations, only in individual contracts, such as contract, contract, stipulates creditor delayed part effect and elements. The delay of acceptance shall not become a system, to the legal effect of deferred acceptance only make escrow and abandon possession rules.Under the current market economy, more and more legal problems, for the legislative demand increasingly urgent. In order to adapt to the need of developing socialism market economy, our country should the legislative design of delay of acceptance system. On the legal nature of delay of acceptance are right not to say"," default " and" breach of contract law". The reason of delay of acceptance of the legal nature of the existence of different theories, main reason is to accept the opinions are not unified nature. To accept the nature, throughout the domestic and international legislation and theoretical study, can be divided into obligations, the right to say. Obligations and statutory obligations, duties, exception doctrine of collateral obligation, obligation.This paper will compare these theories, from the delay in acceptance of nature meaning and legal nature of delivery to the obligee, defined as a right, but a law or agreement can be used as exception. From Germany, France and Taiwan region of China’s civil legislation regulations, then discusses the delay of acceptance form and legal effect, and a clear delay in acceptance of rules of evidence and exemptions, so as to perfect the relevant legislation in our country for the purpose of, put forward one’s own view, publish some individual proposals.