The Discussion On The Civil Settlement Agreements

The settlement agreement is a contract that the parties have reached in a mutual concessions way to terminate the dispute and prevent the dispute from happening.Regardless of when the settlement agreement occurs,it's a sort of contract and subject to contract law.After the establishment of the settlement agreement,it takes effect of determination,identification and creation.In the case of a settlement agreement,the creditor is actually responsible for the payment of the settlement agreement,regardless of when the settlement agreement is established,if the settlement agreement produces recognition effect,it belongs to the contract change;if the settlement agreement produce creation effect,It is necessary to determine the settlement of the new debt or the renewal of the debt according to whether the parties have the meaning of the renewal of the debt.After the settlement of the parties to the issue of the implementation of the debt should also be based on the settlement agreement to determine what type of debt to make a specific judgment.The settlement agreement with the debt can not be established before the debt fulfillment period,otherwise,it is an invalid flow guarantee contract.There are two kinds of view point sin theory "Connaught contract" and "practice contract".The scholars who agree with the "promise contract" say that the contract should be established if the parties agree with the debt.The scholars who agree with the"practice contract theory" argue that the establishment of the contract not only require the Consistence of parties,but also need creditors to accept the reality of other types of payment.Thus,the recognition of the nature of the debtor's contract directly affects the legal effect of the settlement agreement.If the debt is a Connaught contract,in general,when the parties reach the agreement the settlement agreement is valid and effective.On the contrary,if the debt is a practice contract,the settlement agreement requires the creditor to accept the other kind of payment.When the settlement agreement not only agreed to the debt,but also changed the original content of the original debt,the effect of the terms of the debt does not stop the other terms of the agreement from taking effect.No matter when the settlement agreement was established,it would forms two debts on both parties eventually.if the parties reach a settlement agreement in the first trial or a settlement agreement that is not implicated in the proceedings,a non-judgment debt and a settlement agreement will eventually be formed between the parties.The fulfillment of the debt of the parties after the settlement of the settlement agreement should be based on the type of debt established by the settlement agreement to make a specific judgment.If the parties in the implementation process to reach a settlement agreement,the final agreement between the parties to form a debt and the settlement agreement agreed debt.The other settlement agreements reached after the verdict are similar to those of the implementation of the settlement agreement and will eventually result in a debt between the parties and the settlement agreement.Therefore,if the parties have disputes arising from other settlement agreements reached after the verdict,Implement the relevant provisions of the settlement agreement.