Research On The Legal Issues Of Debts

"Repossessed assets" has the narrow and broad sense.Narrow "repossessed assets" refers specifically to the bank in dealing with the relevant non-performing loan process,based on reducing the comprehensive consideration of credit assets risk at the lender without sufficient monetary funds to repay the loan conditions,by retracting the borrower corresponding physical assets ways to compensate conduct bank debt;generalized "repossessed assets" refers to the debt of the debtor and creditor sides agreed to a third person or a third person authorized consent of all the property of discount,price change,the valuation attributed to the obligee,for obligations of conduct,Simply put,that is an alternative to the original debt repayment civil legal act,discussed in this article is generalized "repossessed assets."In view of the recent years,people's courts in adjudicating complex multiple credit and debt disputes process,clearly found that the use of "repossessed assets" malicious conduct the transfer of property,to circumvent the relevant national policy adjustments,litigation between the parties false reality very prominent,not only seriously jeopardized the legitimate interests of other creditors of the debtor involved,but also seriously disrupt the normal litigation,trial order,which greatly damage the credibility of the judiciary and judicial authority.Based on this,the People's Court in the trial practice should be set according to the specific content of the parties at different times of repossessed assets,agreed,and so fulfill the specific circumstances of the case to determine repossessed assets different legal nature,and then finds its proper effect.In view of this,the author attributed the focus of cases reflected,thereby by civil law,contract law,security law,property law,and so the relevant laws,regulations and the spirit of the Supreme People's Court related documents carding system,and then on repossessed assets border,repossessed assets protocol efficacy,repossessed assets and exclusion of liability like state three key issues on the line detailed analysis of demonstration.