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Study On The Superaddition Of The Spouse Of The Person Subjected To Enforcement

Posted on:2018-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2416330515487636Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the judicial practice,for the debt taken by the name of the debtor,because it is difficult to prove that this debt belongs to the joint debt between spouses in the prosecution,to realize creditor's right as soon as possible,the creditor usually only prosecutes the debtor as the defendant and does not claim that the debt in nature belongs to the joint debt between spouses.Or the creditor in the prosecution claims that the debt in nature belongs to the joint debt between spouses,but the People's Court for reasons of "privity of contract" rules not filing.In order to achieve the ultimate creditor's right as soon as possible,the creditor only lists the debtor as the defendant and not prosecute the debtor's spouse.The judicial institution only reviews and identifies the rights and obligations between the creditor and the debtor,and does not review the nature of the debt.But when the case enters into the enforcement phase after conclusion of the trial,the creditor claims that debt in nature belongs to the joint debt between spouses on the grounds of the debt happens during the marriage,and applies for the debtor's spouse as the person subjected to enforcement.Then how the application should be handled and which institution of the court has the right to handle it?Whether the enforcement institution has the right to rule superadding the spouse of the person subjected to enforcement.How can the enforcement parties realize the right relief if they refuse to accept the verdict and so on.There are no clear provisions in the related law and judicial interpretation in China about the series of problems for that.In the judicial practice,the practice of the local courts are not unified.So the problems the enforcement institution is faced with not only include "difficult to enforcement",but also include" enforcement in disorder".Aiming at the above problems,this paper based on the existing law and judicial interpretation,and foreign related system,discusses and analyses this question,and puts forward some concrete suggestions.This text is divided into four parts:the first part about the background of the superaddition of the spouse of the person subjected to enforcement,through the analysis of China's relevant present situation of legislation and judicial practice,points out the root superaddition of the spouse of the person subjected to enforcement;the second part about the related legislation of Germany and Taiwan of China,in order to provide experience for our system construction;the third part from the view of legal theory and judicial practice,discusses the necessity of the superaddition of the spouse of the person subjected to enforcement;the fourth part about specific procedures of the superaddition of the spouse of the person subjected to enforcement,in order to solve the question and safeguard the legitimate rights and interests of the parties.
Keywords/Search Tags:Joint debt between spouses, Spouse of the person subjected to enforcement, Change of the person subjected to enforcement, Construction of the procedure, Enforcement relief
PDF Full Text Request
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