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On Civil Execution Co-opetition

Posted on:2019-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:D CheFull Text:PDF
GTID:2356330542482098Subject:Law
Abstract/Summary:PDF Full Text Request
Enforcement concurrence generally exists in the execution practice of countries all over the world.This phenomenon refers to the phenomenon that most creditors,in the civil enforcement procedure,request the court to enforce the specific property of the same debtor at the same time or in the name of different execution.With the continuous development of economy and society,all kinds of civil and commercial relations are becoming more and more complex.To solve the problem of execution concurrence is of great significance for solving "difficult execution,difficult execution,execution chaos and chaos execution".The article takes the narrow sense of civil execution as the research object,and introduces the definition,the elements,the form and the applicable principles of the implementation of the concurrence,and probes into the current situation and problems in solving the various forms of execution and competition in our country.It is concluded that under the premise of insisting on the principle of priority in real right,we should apply the principle of prior execution.Combined with our legislative and judicial practice,we further put forward suggestions for categorization.
Keywords/Search Tags:concurrent execution, final execution, preservation execution, property priority, first executive priority
PDF Full Text Request
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