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Realcase Studies Guarantee Of Realization Procedure In Our Country

Posted on:2016-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:X W ZhangFull Text:PDF
GTID:2296330482961037Subject:Law
Abstract/Summary:PDF Full Text Request
In today’s rapid economic development financing economic activities become more widespread phenomenon, on the one hand to quickly realize financing is one of many economic actors dream of things, on the other hand how to reduce the risk of lending money to think about is the creditor, the law guarantees the system to solve the problem, especially in matter becomes guaranteed way to achieve rapid financing.With security interest regime, the next thing to consider is when the debtor is unable to repay such debts about how to quickly implement a security interest to repay the debt is critical to the security right people.2012 new revised "Civil Law" to increase the realization of security interest cases, this is our country efficiently and quickly opened up a path to achieve the security interest. It also provides for the procedural safeguards provisions "Property Law" and other substantive law. But to really be effective the program is to address implementation issues of security interests must also clearly realize the fundamental value of the security interest pursued, the scope of the program, start the body of the program, which is non-litigation procedures and proceedings Cohesion and the protection of the interests of the relevant parties and other issues.Addition to the introduction of this article is divided into five parts:The first part is to realize the security interest of the general theory. The main security interest set forth the nature of power and the realization of the nature of the security interest, the power to have a correct understanding. In the elaborate security interest to achieve and realize the meaning of the basic premise of a security interest, to further explain the value of the security interest to achieve the basic pursued for the establishment of the system to determine the direction of the realization of security interest.The second part of the review and summarize the path to achieve security interest. First we summarize the current national security interest to achieve major legislative mode, and then in different countries, regions and international organizations to achieve legislative provisions on security interest to inspect, and to analyze and evaluate its system for the realization of the establishment of security interest regime provide useful lessons.The third part is the interpretation of legislation our country’s security interest. Security interest of our country’s legislative background and our legislation for implementation of the provisions of the security interest to interpret.The fourth part is a problem found in the implementation of our country’s security interests in the system, the problems found in our legislation through the interpretation of the first part of our legislation.The fifth part is to improve our country’s security interest system concept. Part of the problem was found to improve, so that our security interest to achieve system really play a role, mainly clear scope and application of the system of the body, the convergence of non-litigation procedures and proceedings, as well as improve the security interest to achieve a non-litigation procedure relief objection by the applicant entity.
Keywords/Search Tags:Security Interests, Implementor, Non-litigation Procedure, relief for the respondent
PDF Full Text Request
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