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Research On Enforcement Issues Continue To Fulfill The Contract Of Judgments Category

Posted on:2017-06-15Degree:MasterType:Thesis
Country:ChinaCandidate:D B WangFull Text:PDF
GTID:2346330488471122Subject:The civil procedure law
Abstract/Summary:PDF Full Text Request
Continue to perform the contract law of our country is one of the means of default liability.The so-called continue to perform, refers to a party fails to perform the contract or the performance does not conform to the agreement in the contract, in the other party's request, by the court to enforce its contract debt liability for breach of contract. On the theory, also known as "enforcement" or "specific performance" and the way responsibility for breach of contract responsibility system in our country has an important position. However, in judicial practice, particularly the implementation of the program, the decision to continue the contract but there is a lot of controversy, faces many difficulties, and to continue the contract doctrinal judgments class implementation there is considerable controversy.Given the lack of in-depth study of this kind of problem, Practice is not consistent, very irregular, this paper discusses the theory by combining the provisions of existing laws, judicial practice and contact the relevant part of the case, trying to continue to fulfill contract judgment on substantive and procedural issues to do a comprehensive analysis and research to this kind of problem to have a better understanding, in the hope that our country can continue to improve the performance of the contract class judgment enforcement effect.In addition to the article introduction, conclusion, is divided into four parts, generally followed the logical entity to the program, and strive to achieve harmonization of substantive law and procedural law.The first part from the perspective of substantive law of concept and nature through the analysis of the obligation and basic theory of the obligation, the preliminary elaboration, that continue to perform the contract in nature for breach of contract responsibility. Put contract distinguish "money debt" and "non monetary debt continue to perform based on its all according to the law of our country and of the two applicable to continue to fulfill the conditions are described in detail. At the end of this chapter is to enforce and enforce the difference were compared to think they belong to two different levels of legal concept.The second part of the article is the focus of this article, is also the difficulty, at the same time, it is also the most controversial place in the judicial practice. To continue to perform the contract enforceable in this chapter, to determine the contentand implementation of interpretation and other issues were discussed. I believe that, in principle, should be authorized to continue to fulfill the contract enforceable judgment, but for emerging issues in the implementation process, but also through legislation and lessons learned to further resolve in practice.The third part mainly combs to continue to fulfill the contract content and the corresponding implementation measures. Pointed out that the contract is to "pay", that is the behavior of the debtor for standard at the same time and according to the content of the material divided into "material benefit" and "inaction and payment, and depending on the substance, to contract the implementation measures and methods are introduced in this paper. In the "payment" enforcement measures, combined with China's theory of alteration of real right, to perform in the presence of questions were answered. As for payment in distinguishing standard alternative behavior and irreplaceable behavior also made a detailed analysis and research.The fourth part on the foundation of text, to continue the performance of the main problems existing in the contract judgment put forward some specific proposals for, respectively from the perspective of substantive law and procedural law and the proposed their views, and the feasible in practice, several measures are summarized. The author hope hope this paper can provide on the legislation and practice of some help to solve the problems in the implementation of the decision.
Keywords/Search Tags:Specific performance, Indirect enforcement, Alternative performance, Irreplaceable behavior
PDF Full Text Request
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