On Repossessed Assets

Repossessed assets appear in the judicial practice with his kind payment instead of the original payment of the debt settlement approach,in our practice,they are widely used.With the continuous development of the finance market,repossessed assets and also through the integration of other systems to adapt to the times.However,due to lack of clear regulatory guidelines,repossessed assets face an embarrassing situation in practice.Since China did on repossessed assets and its associated regime detailed provisions,when recognizing its effectiveness and properties of multi-reference in Taiwan,China and foreign legislation.However,with the debt was not a purely legal terms,but the means to carry out in practice of a loan which formed during the work.Depending on time,fulfill different ways and with different forms with different types of division,thus qualitative research repossessed assets is even more difficult.To solve these problems,this paper studies on repossessed assets through four parts.The first part of the first chapter,the basic theory of the first chapter will be repossessed assets as the research object.This paper mainly for repossessed assets concept,object,type,etc.are discussed.This paper studied repossessed assets mainly concerned consensual basis,and repossessed assets defined departmental regulations and industry standards in the banking industry to make do with color,not fully applicable to the field of private law acts as repossessed assets.With the development of the market,repossessed assets corresponding object extends to other areas,not rigidly adhere to the physical things,property rights,with a value of the property was no body,without intellectual property in violation of the law should also be able to become a thing foreclosed object.The type of research scholars in different directions based on repossessed assets for multi-type multi-angle type of partition,but also because of the problems caused by the type of research is too narrow,it is not conducive to in-depth study should be to establish time and whether the actual performance combined with each other classification criteria is more conducive to study at all levels at all stages of repossessed assets behavior.The second part is the second chapter,this chapter mainly to the effect of material debt agreement as the main object of study,according to the last chapter in the type of standards as distinction,respectively,in order to distinguish Upon the expiration of the dividing point of the obligation is repossessed assets before and after the expiry of the agreement entered intoby the analysis.Fulfillment of obligations entered into prior to the expiration of the agreement does not allow repossessed assets and guarantee the existence of a fundamental difference between the two in terms of patterns of behavior,and so the purpose of the contract.At the same time,in order to fulfill the debt was debt agreement before the expiration of the contract due to not guarantee,so it did not violate the principle of prohibition of fluid.For debts after the expiry of the repossessed assets agreement,Germany and Japan due to the impact theory,scholars will have multi-generation was liquidated and a new debt repayment to its confused,but in fact the two systems and to the presence of debt was not clear place,real and should not be liquidated and the generation of new debt was liquidated and repossessed assets completely equal.At the same time,repossessed assets and debt of Roman law Agreement on newer two completely different systems,the two should not be confused.Finally,according to the jurisprudence of the Supreme Court,and the minutes of the meeting around the court concluded between desirable and relevant experience,analysis of the parties to the agreement were repossessed,has actually performed under agreements to eliminate debts;party before the actual performance of estoppel can not be in the agreement to the court for enforcement.The third part is the third chapter,the chapter was mainly to protect the interests of debt in the third person as the main subject.In the current judicial practice,involving repossessed assets and provisions to protect a third person may be rare.However,there are many current major damage to the interests of third scenario: "One more thing against debt" false litigation and settlement of partiality."One more thing against debt" according to the "thing sold" approach to resolve the false legal proceedings can strengthen the basis of examination of the relationship to be restricted,but because of "Contract Law" to limit the scope of 74,the third party withdrawal right does not apply to the repossession of assets,whereas the provisions of partiality settled only in the "bankruptcy law",so you need by way of judicial interpretation of the right to revoke the registration for partisan liquidation of repossessed assets.The fourth part is the conclusion part of the article,the first three chapters of the main contents of the article will be refined in order to make the method suggested by one author was to improve debt advice on ideas.