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On The Conditions For The Suit Of Revocation By The Third Party

Posted on:2016-01-12Degree:MasterType:Thesis
Country:ChinaCandidate:B YuanFull Text:PDF
GTID:2296330503454837Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, it is common that civil rights of the third party outside the case were damaged by the error contents of effective legal instruments, in this case, the suit of revocation by the third party was established in the legislation to protect the rights of third party outside the case. In civil proceedings, determine the scope of the start conditions play a role in the program, is a key ring of litigation system applicable in practice. This article proceed from legislation and research status of the suit of revocation by the third party and probe the dilemma and improvement of the conditions for the suit of revocation by the third party in the applicable. Removing the introduction and conclusion, the full text is divided into three chapters, about 30,000 words, the main contents are as follows:The first chapter analysis the conditions for the suit of revocation by the third party from five aspects, which includes the plaintiff, object, bring reason, sued time and jurisdiction of the suit of revocation by the third party; the second chapter combined with the legislative and judicial practice, pointing out the problems that exists in application of the conditions for the suit of revocation by the third party; the third chapter respond to the second chapter from four aspects, which consist of expanding the scope of plaintiff, defining the scope of object,targeting the standard of proof rationally, excluding the obstacles in application.
Keywords/Search Tags:Third party outside the case, The suit of revocation, Suit condition, Applicable dilemma
PDF Full Text Request
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