Research On The Reduced Application Of Full Compensation Principle

To fulfill the object is the legal act of the debtor to replace the original payment in order to make the original debt be destroyed.At present,there are a lot of disputes in the social life and judicial practice in our country,but the law of our country are the lack of corresponding regulations,the theory is controversial,leading to a judicial determination,showing the different co contracting phenomenon,the legitimate interests of the parties can not be guaranteed.Therefore,it is necessary to study the system of the thing to pay off the debt,and to explore the corresponding measures to improve the system.In addition to the preface and conclusion,this paper is divided into four parts.The preface is a description of why the study of the object of debt.From the current problems in practice,the author points out that the study of the object of debt has very important theoretical and practical significance,the literature review of the research on the research on the debt of things shows the current situation of the research on the debt repayment.In the first part,the author discusses the legitimacy of the thing to pay off debts.Mainly from three aspects:the principle of autonomy of will,the efficiency value of law and the theory of interest balance.The principle of autonomy of will provides a theoretical basis for the existence of the object,the efficiency value of law is discussed from the perspective of economic efficiency growth and social efficiency,the theory of balance of interests reflects the fact that the debt is beneficial to the realization of the interests of multiple subjects.The second part discusses the legal nature.First of all,the paper sorts out three kinds of mainstream theories about the theory of the thing to pay off the debt,including the practice contract theory,the contract theory and the behavior theory.Secondly,the author gives an analysis on the above said,"Practice contract theory" will be equivalent to the debt and the debt repayment,the practice of citing the provisions of the relevant provisions,"the theory of disposing act" does not admit that it is a kind of contractual relationship,both of them are unreasonable.In this paper,the author thinks that the theory of "contract by contract" is a kind of contractual relationship,which is more in line with the reality and the basic principle of paying off the debt.The contract has three legal characteristics:the reason,the attribute and the free.In the third part,the author studies the legal effect of the object of debt,which can be divided into the following three cases:effective,invalid,changeable and revocable.Firstly,this paper expounds the legal situation to repossession legal valid and in accordance with the "contract law" provisions and debt expiration after the expiration of the actual performance has been two.Secondly,the author discusses the invalidity of repossessed assets,mainly the original creditor relationship invalid or revoked,repossession protocol itself is invalid or revoked,in debt before the expiry of a repossession,agreed to transfer collateral to the creditor's rights to repossession and to destroy the original the establishment of the new debt and debt repossession.Finally,the author analyzes can change or cancel the repossession for repayment of debt and new debt burden was repossessed assets and the parties because of stress or a major misunderstanding,and then go back to the withdrawal agreement repossessed two cases.The fourth part discusses the perfection of the system of debt repayment.Through the analysis of the current material bonded to face the problem,it mainly has:the existing provisions on material bonded to the low level,type and effectiveness of judgment is biased,repossession and sale contract to confuse a controversial claim basis.Furthermore,the author puts forward some suggestions on perfecting the system of debt repayment.That is,we should use the rules of interpretation of meaning,in the "contract law" will be clearly defined as a kind of contract,improve the "property law" and the"security law" to the provisions of the relevant provisions,at the same time,the establishment of a reasonable assessment system and a unified scientific standard.Through these recommendations provide clear guidelines for dealing with disputes in practice.The innovation of this paper lies in the determination of the legal nature and the legal validity of the debt,which will provide a theoretical basis for the improvement of the system of the property liability in the future.