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Efficacy Studies Of Civil Enforcement Of A Settlement Agreement

Posted on:2016-01-04Degree:MasterType:Thesis
Country:ChinaCandidate:Z LiuFull Text:PDF
GTID:2296330461963604Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
"Performing difficult" issue has always been important and difficult work of the court, often causing concern in the community. The current civil enforcement proceedings for various reasons, in practice, has not reached at the theoretical level results can be achieved, so that the parties have no way to satisfy their legitimate rights, but at this time, as a civil execution reconciliation system emergence of consensual dispute resolution, among civil enforcement program has been to reflect the value of providing a certain way for the "implementation of difficult" aspects addressed. But what is currently in the academic nature for civil enforcement of a settlement? Effectiveness of civil execution reconciliation Why? And there is no consensus.In this paper, the definition of analysis and theory with practical research methods demonstrate enforcement of settlement agreements, nature, to clarify the effectiveness of such a settlement agreement by the relevant provisions of the current law of its effectiveness and its conflict with the reality of the status of implementation, in order to improve the handling mechanism for the implementation of the settlement agreement dispute occurred. Finally, with emphasis on the effectiveness of relief settlement agreement should be implemented in coercion.The full text of more than 30,000 words, from the following part of the study of the effectiveness of the implementation of the settlement agreement:Part I: civil settlement agreement executed with a sense of well concepts. The author walks of life from the current definition of the execution of the settlement agreement, combined with the basic features of such a settlement agreement with them to define and distinguish between related concepts. Then on the academic controversy existing order out of chaos theory, the class settlement characterized as private behavior.Part II: Explore the civil settlement agreement executed Executive Force has. Combined with a request to enforce civil rights theory to discuss the implementation of the settlement agreement should not be enforceable.Part III: the civil enforcement of a settlement agreement describes the current situation unfold, and combined with our law today, for the execution of the settlement agreement, the performance of different situations, analysis of relevant content and civil enforcement of the settlement agreement.Part IV: Analysis of the implementation of the settlement agreement among civil remedies and did not fulfill the conditions of the settlement agreement to complete the combination, using the creditor and the debtor objection objection lawsuit lawsuit.
Keywords/Search Tags:civil enforcement of a settlement, enforce claims, execution, debtor’s objection to the complaint, appeal executed license
PDF Full Text Request
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