Research On The Practical Problems Of The Settlement Of The Issue Of Property

The generation and development background of the generation of the system of material settlement is the further development of market economy, the increasingly frequent trading activities, the diversification of trading types and the result of the innovation of trading system. In China, on behalf of the property settlement system is also favored by the trading activities of the main, but due to our current laws and regulations without corresponding clear basis, in the field of civil law theory also applicable point of view of the system inconsistent, resulting in the judicial practice of the case trial results are not the same, and sometimes even completely opposite. Therefore it is necessary to summarize the law of judicial practice, combined with the specific case of our country to study the system, to create the conditions for the enrichment of the related system and the perfection of the judicial practice.In the typical case, we can find out the current situation of the system of the settlement of the thing, and then analyze and improve it in theory. Specifically, the typical cases of the settlement of the issue in our country’s judicial practice as guidance, and points out the current situation and application of the system in judicial practice. First of all, on the definition and characteristics of the settlement system, it is considered that the settlement of the settlement of property has the characteristics of physical property, compensation, and liquidity. In order to further strengthen the understanding of the system, the author from the system is quite similar to the angle of that on behalf of the property settlement agreement with any debt, liquid security contract, to newly arrived the similarities and differences between the old, the transferring guarantee system, the comparison that on behalf of the property settlement system. Subsequently, to sign on behalf of the property settlement agreement time as the standard will on behalf of the property settlement agreement be typed, should according to the different types and combining different cases to determine a comprehensive effect on behalf of the property settlement agreement, to provide the basis for its application. The finally defines the on behalf of the property settlement agreement of defects, defect guarantee concept, pointed out on behalf of the property settlement agreement in the debtor flaws to perform the guarantee obligations and creditors suffer and enjoy the relief way and so on.