Theory Of Creditors Who Takes Delivery Delay And Its Effect

The core issue of the effectiveness of the debt is the debt method.Claim receiving delay also belong to claim an aspect.At present our country's civil legal system did not make special provisions for creditors to delay,but there are laws on the issue of the debtor's delay:in performance made specific provision.From the perspective of the civil law system of our country at present,the law regulation significantly more than for the creditors of the debtor,which to some extent reflects the protection of creditors' propensity to our country.From the Angle of the domestic scholar's research,for the former research also significantly greater than the latter.For this kind of protection for creditors' propensity,the author thinks that the law pays attention to the protection of creditors the right,but at the same time laws should also be appropriate to consider the interests of the debtors,because of the equal protection of the rights and interests of creditors and debtors,and also important embodiment of justice,the principle of good faith in civil law.At present our country civil law educational world gradually emerged some voice,calls for the build system of perfect creditors delay as soon as possible.Indeed,to establish this system is of great significance,on the one hand,our country law is based on the theoretical level of the balance of interests between the parties,reveal the civil law basic principles such as honesty,fairness,promote the needs of the social essence of justice.On the other hand is also in response to the need of real judicial practice in our country in recent years.Practice court in China in recent years for the cases of different types of contract also urgently need a unified legal system to make clear rules for creditors delay,to further guide the development of law practice.Though at present,the understanding of the creditors' delay in this system in the field of academic circles and judicial practice there are many differences,but its roots are around the cognizance of the nature of "accept" the central issue.This is the basis for the creditors to delay the system operation.To take delivery of the nature of the,so far our country academic circles all sorts of views.One of the more mainstream view is a kind of folding the cognizance of Chinese style,think the indemnity principle is a right of creditors,exceptional situations will become a kind of obligation to creditors.To take the cognizance of nature,directly determine the legal effect of the system.The constitutive requirements of the creditors delay in part,the author will focus on around the obligatory components of delay whether to need to consider the subjective fault of the problem.And delayed the author thinks that,the creditor as a performance of the facts,and grasp,need we went up from the objective and subjective aspects of creditors should not be too much pursuit,will only be considered in very exceptional cases.The author of this article discusses mainly addresses the legal effect of creditors to delay.For the effect of the delay in receiving the cognizance of creditor,as the most visible expression of the system application in our country,is the most concentrated embodied in the judicial practice of our country.Judicial case to a certain extent also embodies the understanding of application for the system in our country.In this chapter,the author will start from the typical cases in trial practice,extracting,emerging problems according to the case and combining our country "contract law"and other relevant provisions of the connotation of our country in the field of civil law obligations to maintain,emphatically analyzed the current our country "contract law"appears in the field of a large number of "duty" the accuracy of the words.