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Research On The Lawsuit Of Debtor Objection

Posted on:2016-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y WuFull Text:PDF
Abstract/Summary:PDF Full Text Request
The debtor dissidence law is an important part of the civil execution remedy. The debtor dissidence law is mainly through the implementation of the legal relationship between the entities according to highlight the changes, the way to suit a plea, to safeguard their legitimate rights and interests. In the continental law system, most countries have established the debtor dissidence law. Although China also had a lively discussion of the debtor dissidence law system, has not been reflected in the legislation. In our country the execution remedy to modify the performance of the Civil Procedure Law: the parties and the third party objection can be made to procedural issues, and in the substantive law, but only the provisions of the outsider raises objection to the appeal. Therefore, the author through to the foreign countries and Taiwan region of the debtor objection lawsuit is expounded, hoping to provide some suggestions for the establishment of the debtor’s objection litigation in our country.This paper is divided into four parts:The first part is an overview of the debtor dissidence law. Including the definition of "the debtor dissidence law", including the concept, the nature, the status of legislation on.The second part is the extraterritorial debtor dissidence law system is introduced, including the design of the program in Taiwan province of China, Germany, Japan related systems, as well as the similarities and differences between them were analyzed.The third part is mainly from the point of view of the situation of our country, analyses the necessity and feasibility of the debtor dissidence law.The fourth part is the reference of foreign and Taiwan region legislative experience, and based on the actual situation of our country, the scientific and reasonable legislative proposals.
Keywords/Search Tags:The execution of relief, Dissent action of execution, Litigation of the debtor’s objection
PDF Full Text Request
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