On The Judicial Determination Of The Payment Of Debt

Civil activities in the bonded behavior,the object is refers to the equal civil subject(natural person,legal person or organization),and between the creditor when cannot be repaid in the form of monetary fund,in order to reduce risk,according to the agreement to the debtor or the third person to agree all of the property of the third person(except the form of monetary fund)owned by creditors,at a discount to pay off debt.The implementation of the debt obligation will produce the legal consequences of eliminating the creditor's rights with the right of property,which will lead to the change of property rights and a series of problems to be solved.At the same time,it is a private law category,but it should be strictly controlled by law,otherwise it will be hidden,transferred property,false lawsuit and so on.The supreme people's court on some issues of execution reconciliation provisions article 6 made clear in the execution phase are conducted with the parties to fulfill the object of the settlement,the people's court shall not be on the basis of the settlement make an order to fulfill the object.The introduction of this regulation will help to resolve many of the disputes that currently beset the debt-to-debt issue in the implementation stage,but it also fails to address this issue in other litigation stages.Therefore,this article attempts to start from a business contract case,analysis of the loan contract to building business contract between the phenomenon of bonded with house,clarify owe,behavior characteristics and classification of the object to fulfill the object behavior limits,respectively described by material bonded between behavior and law,and the national policy,and the conflict between the disgraceful consideration,clear the direction of the people's court,further perfecting the law requires,trying to find the solution of the bonded the object behavior in civil activities mechanism.This paper is divided into three parts.The first part is the introduction and analysis of the case.Through a case of the author's actual trial,this paper analyzes the actual appearance of this case and tries to find a solution to such cases.The second part is the legal analysis of the relevant legal issues in this case.By analyzing the components and characteristics of the debt behavior,the author tries to classify and summarize the behavior of the debt,and obtains the method of determining the effectiveness of the debt.The limitations of the third part is to effectively conduct further analysis and conflict,through the analysis to arrive,identified in debt agreement in judicial practice,finally found thoroughly solve the problem of such mechanism.