Study On Settlement Of Imputation

The system of imputation of payment,which origins from Roman law and is related to the creditor,the debtor and third party,is a major mechanism in civil law.To solve how to identify which debt,which if the debtor of the same creditor debt burden,when the debtor can't pay enough to pay off all the debts,is paid off,we have been established this system.The ambiguity of judicial interpretation of this system has led to dissimilate also occurs in the practice.We have to perfect the imputation of payment system in order to achieve the unity of judicial decision and protect the legal right and interests of civil subject.In addition to the introduction,this text is divided into four parts:The chapter one is to introduce the connotation and historical evolution of this system through historic analysis method and comparative analysis method.Then we can know the original of it and continental law countries how to inherit and develop it.The chapter two is to elaborate the constitutive requirements of the imputation of payment and the issue,in other words,whether a number of burdens or the debtor can't pay enough to pay off all the debts is the premise of application or not.The chapter three is to analyze the category of the imputation of payment,which includes compensationengagement,compensation appointment,legal compensation.Then the text elaborates the deficiency of this system by comparative analysis,semantic interpretation,empirical analysis,which is that the system is short of compensation appointment,legal compensation is short of regulation of unmatureddebts,how to pay off natural obligation and so on.The chapter four is about of legislative perfection of the system from two aspects.First our the system of the institution of imputation of payment is based on clear premise,which parties' autonomy is full respected and parties' interests is balanced.The perfect measure is specifically as follows:perfect the effect of compensation and introduce compensation appointment,especially the debtor appointment and reform legal compensation.