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Amendment Of Realization Procedure Of The Security Interest In China

Posted on:2016-11-11Degree:MasterType:Thesis
Country:ChinaCandidate:T GouFull Text:PDF
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Since 2013,the system of realization procedure of security interests has came into effect.The realization procedure of security interest refers to that when a debtor fails to pay due debts or stipulated situation to perform security interest has taken place,the obligee has the right to dispose the collateral.Security interest system is an important legal system to regulate the order of market, being an effective means to ensure the security of market transaction.Security interest system is an important legal system to regulate the order of market and an effective means to ensure market transaction security.Without a corresponding procedural law to Property Law,what is waiting for the mortgagee is the massive cost to file a lawsuit to pursue security interest.Why the realization procedure of security interest founded is just for this. Realization of a security interest in Civil Law has only two provisions.After a period of judicial practice, the Supreme Court issued an interpretation on December 18, 2014,in which several disadvantages are solved. This paper aims at studying the status of China’s realization procedure of security interest. In order to reflect the spirit of the times, I study the new interpretation, and point out the strengths and weaknesses; Finally, a four-point improvement advice: Firstly, for the current Civil Procedure apply to achieve guarantees Property condition is unknown case, pointing out that the parties did not reach agreement on the realization of the application is not a prerequisite for achieving security interest, and made detailed recommendations; secondly, in the territorial jurisdiction of the case suggestions more targeted; Thirdly, for the delivery of a security interest to achieve applicable cases, indicating that you can apply conditional announcement served; finally, the current application for the realization of a security interest in the absence of express provisions of court costs, noting that court costs should not be charged.
Keywords/Search Tags:the Realization of Security Interests, Non-litigation Procedure, Territorial Jurisdiction
PDF Full Text Request
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