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Study The Lawsuit Of Debtor’s Object In The Enforce Procedure

Posted on:2015-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:C P LiFull Text:PDF
GTID:2296330467466279Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Lawsuit of debtor’s object is a way of implementing entities Relief Relief System. In theexecution of the program, when the debtor has a defense objection to the subject ofsubstantive rights of creditors, the debtor can appeal filed objection, the right to relief.2012has been modified "Civil Procedure Law", modify the operative part is a highlight, but oursystem is not set up lawsuit of debtor. Taking the civilian implementation of the debtor’sobject to the complaint of research topics in the collection, presentation and analysis ofexisting data, the interpretation of a lawsuit against the debtor’s objection to the basicunderstanding of the theory to analyze the feasibility of the establishment of the debtor’sobjection to the appeal, and how to build a debtor objection complaint in the discussion.In addition to the introduction and conclusion of this article, the text has four parts,totaling approximately27,000words:The first part is an analysis of the basic theory of the lawsuit of debtor’s object.In theacademic concept of debtor objection to appeal on the basis of different perceptions, thispaper considers the debtor’s objection to the complaint on behalf of the debtor in order tochange the implementation of the executive power, to achieve the purpose of the execution ofthe program to terminate the proceedings;Meanwhile debtor objection complaint in line withCivil Procedure Law of procedural justice and substantive justice, fairness and efficiencyvalues of litigation;Finally, the nature of the proceedings against the debtor scholars objectioncomplaint in the end is the traditional appeal change, recognition of the complaint, or a newtype of actio relief appeal, the command of the appeal of the dispute, I believe that actionshould be to change the nature of the complaint;In the changing nature of the appealproceedings, based on the paper argues that the adoption of substantive law should be thesubject of litigation, said while the program through the security option of the parties, thejudge stressed that the obligation to clarify and enrich the procedural safeguards and othermeans to determine the debtor’s objection complaint the subject matter of litigation in order to resolve the substantive law says defects.The second part of the debtor’s objection is more legislative appeal. Before theimplementation of the program began, Germany and Japan legislation requires creditors togive enforcement agencies ’implementation of visa ", therefore, the debtor can" perform visa"and enforce the claims of creditors’ objections were filed lawsuit; and Taiwan, China is noobjection to the debtor v. system to distinguish, but when the debtor has summarized theprovisions of the legal entity subject of eradication or hinder creditors request can be enforcedbefore the end of the program, filed objections to the complaint; However, they believe thatthe debtor’s appeal is disagreement between the parties substantive rights controversyobligations.The third part is to determine the feasibility analysis of the lawsuit of debtor’s object.1991"Civil Procedure Law", confusing the concepts of the implementation of dissent andopposition appeal,"Civil Procedure Law" after two modifications in the implementation ofthe program established procedural remedies and remedies on the entity, but difficult inexecution, under the concept of execution creditor centrism and excessive dependence on thelegislative procedure for trial supervision philosophy, our system does not establish thedebtor’s objection to the complaint; therefore, to establish complaint system to improve theimplementation of the debtor’s objection to the relief system has a dual structure, and give fullplay to the retrial procedure the role of practical necessity.The forth part discusses the specific ideas of Appeal established debtor’s objection.from the purpose of implementation of the system, the first demonstration of theestablishment of the debtor’s objection complaint must follow priority to efficiency and goodfaith; then, I consider the legislative aspects of the debtor’s objection to the appeal from theparty, opposition grounds and program settings.
Keywords/Search Tags:executive remedy, lawsuit of debtor’s object, nature of litigation
PDF Full Text Request
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