On The Legal Validity Of An Agreement Repossessed Assets

Debt agreement was a product of a judicial practice, it is derived from the concept of debt fulfillment process. At present, in our country,there is no specific law to regulate its clearly,however, due to various disputes arising from the agreement was repossessed but not uncommon, the evaluation finds that the courts and the legal effect of its nature also divided on to say. As an unnamed contract to deal with on behalf of repossessed assets was liquidated,liquid contract, so the relevant guarantee institution, debt and other changes in the concepts and features have similarities, but also has its own independent value and meaning. In this context, systematically to conduct legal research protocol was repossessed, the concept, the nature of the legal validity of the inquiry as the basic starting point, the law applicable to the foothold, to respond positively to the judicial practice and feedback, significant Theoretical and practical significance. I intend to take the form of case studies, by the sea, Inc. v. Chi Yu-seok company contract dispute Case of repossessed assets protocol to conduct a detailed study, the thesis is divided into four parts.The first part is the case presentation. In Chi Yu-seok Corp. v. Sea Company contract dispute, for example, the basic facts of the case and the judgment will be introduced at all levels of the court, the judge summed up the case disagreement when dealing with the case,and on this basis, summed up the case is the focus of controversy to identify and evaluate the effectiveness of the legal nature of the agreement as repossessed assets for the third part of the debt agreement with legal analysis was foreshadowed.The second part is the legal analysis of the case-related issues. This section is divided into three small parts, the first part is a small debt agreement was outlined. The concept of the part will be as repossessed assets protocol, characteristics, classification brief, clear as repossessed assets protocol connotation and denotation, a clear direction for the study of this article.Through the use of study circles as repossessed assets agreement this concept in three different contexts, and then will be moved to the macro level perspective on the debt agreement to material from the most extensive semantic occasions associated legal issues were discussed, laid Study the tone of this article. The second part is the small matter of debt agreement to specific performance under different circumstances in the form of identification,mainly for the generations was liquidated, liquid contract, make changes and guarantees, and other forms of debt, and focus on a specific analysis as repossessed assets by agreement Elements of different scenarios in order to grasp the debt agreement was in the nature of the various specific circumstances. This part of the analysis is an accurate assessment of the situation in different premise debt agreement was essential legal effect. The third fraction of the specific evaluation under different circumstances as repossessed assets legal effect. For the purpose of contracting parties to the contract but to fulfill the interests of the quest to matter whether I will be so debt agreement before the expiration of the debt performance period for the distinction between standard signed, the agreement will have to evaluate therepossessed assets into a legal nature before the expiration of the period in order to fulfill the debt was debt agreements and legal effect after the expiration of the debt performance was repossessed agreement with the two types of legal effect, and the specific laws of each stage in order to evaluate debt agreement was a specific manifestation of this form under its effectiveness. In each case specific analysis to the legal effect when the agreement was repossessed, to encourage contract trading as the basic principle, give full consideration to the security of transactions, the parties interests and prevent the problem of false litigation,thereby comprehensively the legal effects of the agreement to be repossessed assets.Evaluation.The third part is the case analysis and conclusions. By the third part of the agreement with the legal analysis of repossessed assets, the portion of the case will be selected to rethink,all-round, multi-angle to the third part of the research results for the Focus of controversy involved in the case, for all levels of courts Different judgments profound evaluation of the case, and eventually come to the author of the selected case studies conclusions, the case should be the focus of the dispute before the expiry of the qualitative performance of a special type of nameless contract debt, substantially liquid contract same, its effectiveness ineffective.The fourth part is revelation case. As part of the end of this article, the author will study the contents of this article to make a fundamental evaluation, and how to guard against a false case put forward my personal advice to pursue judicial practice of fair, efficient and authoritative objective benefit in the judicial practice.