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Judicial Judgment On The Nature Of The Property-for-debt Agreement

Posted on:2019-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:S T LiFull Text:PDF
GTID:2356330548961786Subject:Law
Abstract/Summary:PDF Full Text Request
With the continuous development of social economy,the market transactions become more and more frequent,and the transaction disputes show diversified and multilevel characteristics.In recent years,judiciary in recent years to find cases of goods are common occurrence,and showing a growing trend.However,the laws in force in our country do not make clear the specific provisions.In different regions,different courts and even different trial judges in the same court have different understandings and referees' findings on the debt relief.This phenomenon of different sentences in the same case seriously undermines the credibility of the law.Moreover,theorists do not know the same thing about the debt-relief of goods,and through the literature analysis,it can be seen that the theoretical research on the debt-relief of goods is lackluster.In the light of the current lack of effective law and material lawsuits and the lack of theoretical research in cases of debt-paying goods,the dispute settlement can be solved faster and better,the lawful interests of the parties better protected,the wishes of the parties respected,the security of market transactions and social and economic development promoted Become urgent research topic.Debt relief is not a traditional academic view,but a method used by people to pay off their debts.Debt relief in practice shows a variety of features.Specific performance: the settlement of the debts,debt changes,liquidity contract,the settlement of these new forms of common debt.For the above forms of things to be reimbursed by our country,there is neither expressly nor clearly defined as the type of things to be settled by the law of our country.However,the court has different opinions on the form and effectiveness of the debt to settled.In this paper,the methods of theoretical research and empirical analysis will be used to analyze and summarize the nature and components of the debt to be settled by the object.And by studying a large number of cases of repossession,summed up the general rules of recognizing various forms of repossession.In this paper,empirical analysis method is used to select a certain number of case-by-case cases of debt-dependent cases randomly from the website of Chinese arbitration paper.In the form of tables and charts,the reasons for the occurrence of the debt of the object,the focus of disputes over the case,and the number of cases of various forms are presented.So as to better understand the nature of the debt,the classification of the elements.The conditions for the determination of the debt to be settled can be grasped on an overall basis.
Keywords/Search Tags:Debt Relief, Debt Relocation, Debt Change, Liquidity Contract, New Debt Repayment
PDF Full Text Request
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