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The Enforcement Of Civil Judgement

Posted on:2021-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:W H MaFull Text:PDF
GTID:2416330623980683Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As one of the substantive legal effects of civil judgments,enforcement is of great significance to the realization of the payment content determined by civil judgments.In a certain sense,the enforcement power of civil judgments is the theoretical cornerstone for the establishment and maintenance of the enforcement system.For the basic theory of the execution system,the execution force can be understood as a key concept or core category that authorizes or imparts legitimacy,that is,it must be based on an enforceable legal document before the executing agency can properly exercise the right of enforcement.This article is divided into four chapters.Chapter one clearly defines the enforcement of civil judgments and clarifies related disputes.Enforceable final civil judgments with payment content of enforceability have the possibility and force to be enforced.Chapter two explores the roots of civil judgment enforcement.It includes historical roots,substantive roots and program roots.Chapter three analyzes the scope of civil judgment enforcement,includes time scope,subjective scope and objective scope.Moreover,the subjective and objective scope of civil judgment enforcement power can expand under certain conditions.Chapter four explores the produce and extermination of civil judgment enforcement.The execution power of civil judgments will eventually be extinguished,including the exclusion of execution power of civil judgments and the destruction of execution powers due to the civil judgment itself,and it will show different legal effects before,during and after the execution procedure.
Keywords/Search Tags:enforcement of civil judgment, res judicata, roots, scope, elimination
PDF Full Text Request
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