Analysis On The Effect And Legal Consequences Of Settlement Agreement On Behalf Of Property

The disputes arising from the settlement of substitute goods exist in judicial and arbitration practice.This paper studies the contract disputes between the Yuanke Company and the Western Company over the conversion of the purchase price into the purchase price.The dispute on whether the subrogation and the legal effect has arisen between the two sides,This paper focuses on the analysis of the nature and legal consequences of the settlement of unrealistically accepted substitutes.In the academic circles,there are two main views on the nature of surrogate liquidation,one is the theory of "Northforming contract",which does not need to be accepted by reality,and the other is the theory of "material contract",which needs him to pay the reality of performance.Based on all kinds of theoretical viewpoints and all kinds of practical trials in practice,this paper holds that the effectiveness of substitute liquidation and the entry into force of substitute settlement agreement are two aspects of the problem.For the unrealistically received substitute to pay off,this paper thinks that we can put the It is regarded as a new debt to pay off,which is more conducive to the legitimate interests of creditors and play its role in standardizing the behavior of both parties to the contract.The author combines various viewpoints and various practical trials in the time of practice,and believes that the effectiveness of the settlement of the substitutes and the entry into force of the settlement agreement are two levels of problems.In the legal relationship of surrender settlement,the premise of settlement is to reach a settlement agreement for the surrogate,and its effectiveness is adjusted by the contract law.Therefore,the author believes that the subcontract settlement agreement is more in line with the market law.For the settlement of surrogate that has not been actually accepted,the author believes that it can be treated as a new debt,which is more conducive to the legitimate interests of creditors and play its role in regulating the behavior of default parties.After the promulgation of the General Principles of the Civil Law,the preparation of the sub-rules is being promoted.This is an opportunity to provide legal guidance for market transactions and judicial practice.