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On Delay In Acceptance Discussed

Posted on:2015-08-11Degree:MasterType:Thesis
Country:ChinaCandidate:J F WuFull Text:PDF
GTID:2296330422493232Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Acceptance of creditors and the debtor delays payment delay, as the fulfillment of debt areconsidered obstacles to the theory of our civil legal problems Delay in Acceptance yet formed aunified and clear understanding. Therefore, this paper attempts to take delivery starting fromcreditors, and thus explore the constituent elements of the Delay in Acceptance and legal effect ofa series of legal issues, the last of our creditors Acceptance delay system problems are discussed,and the establishment of the system to have a few of point of legal advice. This structure consists ofthe introduction, body and conclusion of three parts, the text is divided into four parts.The first part is an overview of the Delay in Acceptance, including the implications forcreditors Probe Delay in Acceptance Acceptance delay is determined to fulfill debt an obstacle;followed by legislative provisions or foreign national scholars doctrine and subject to Analysis ofthe legal nature of the collar, a clear legal nature recipient should be no real obligation; finallytake delivery delays for creditors to demonstrate the research value of the system, the systemthrough theoretical value and practical significance of the description and affirmed our sound delayin Acceptance and perfect the system of necessity, while digging this system in our country someof the existing problems.The second part focuses on the identification delay creditors presented a complete vision ofthe need for assistance by the creditor, the debtor has the ability to fulfill eligibility, paymentmethods legitimacy and Acceptance Acceptance delay creditors were not Imputation andDisclaimer and other aspects of discourse, the basic creditor Acceptance delay entry into force.This combination of the various constituent elements of the legislative and scholars at home andabroad to explore various perspectives analysis, and put forward their own ideas for legislatorsreference.The third part of the Delay in Acceptance elaborate legal effect and the end, a clear disclaimerdebtors themselves, compensation costs request the transfer of the burden of risk and debtors toterminate the contract in many recipient delay effects, and debt elimination, Delay in Acceptanceresponsibility end of exemptions and eliminate behavior.The fourth part is the focus of this article, on our perfect system of the Delay in Acceptance somesuggestions. First, to clarify the nature of the recipient delay system, components, imputation, exemption and distribution of the burden of proof and the legal effect of the constituent elementssuch as the problems and cited the presence of some special problems. Then take delivery delaysystem on China put forward relevant legislative proposals to require legislative burden of risk, donot really obligations, transfer of ownership, quality inspection and escrow and other content to beimproved. The final conclusion is the full text of sorting and refining ideas, and take delivery ofcreditors Perfection delay legislative proposals put forward.
Keywords/Search Tags:Acceptance, Acceptance delay, Legal effect
PDF Full Text Request
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