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A Study On The Additional Execution Of One Spouse Who Has A Joint Debt Between Husband And Wife In My Country

Posted on:2018-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:X LiFull Text:PDF
GTID:2436330542987846Subject:Procedure
Abstract/Summary:PDF Full Text Request
In the procedure of civil enforcement,as it is not clear stated if the debt of the executed belongs to couple's common debt,so it appears some urgent problems like whether the executive agency could identify the nature of this debt and add the spouse of the executed to be the executed as well or not,and how to provide relief.At-present,how to solve these urgent problems from the system level has been an important issue for current judicial practice and theoretical research.Case analysis is used in this article,which could help to classify and conclude different approaches regarding executing the property of the spouse in the practice from the perspective of case analysis.In addition,adopting to the extraterritorial legislation reference method,the article mentions an concept of establishing the lawsuit of permits and perfectting debtor objection in our country after referring to the relevant laws and regulations of Taiwan to enrich and perfect the execution relief system.The article is consisted by the introduction,body and conclusion,meanwhile,the main body includes below four parts:Part one-The article firstly introduces the theoretical basis analysis for the additional execution to the spouse of couple's common debt,the theoretical implications&features of the couple's common debt.Then,from different doctrine debate,makes detailed analysis as to the character of civil execution power.Finally,the paper explains the execution subjective scope expansion theory considering the relationship of execution&Res subjective scope expansion and the object of execution subjective scope expansion to pave the way to make a specific analysis of the current spouse execution questions for our couple's common debt.Part Two-Mainly to analyze law and practice analysis of execution situation of the couple's common debt.On the one hand,to analyze the present legislation situation.On the another hand,to classify and conclude the different modes regarding executing the property of the spouse of the executed in the practice from the perspective of case analysis(identified nature of debt and not added direct execution,initially identified character of debt and execution after adding,not directly add and file another lawsuit).Think of husband and wife together debt a spouse places additional implementation using the second model is more reasonable.Part Three-To clarify questions and do reason analysis for the additional execution to the spouse of the executed.On the one hand,to clarify questions,which mainly expresses that the start of this program is not clear,it is vulnerable for the rights of the spouse,and the executive relief system is not perfect.On the other hand,to do reason analysis,which includes making a choice from modes of authoritarianism and parties to appeared deviation,focusing on efficiency values during the executive progress and realizing the executive relief theory remaining to be perfect.Part Four-The idea of constructing to the additional execution to the spouse of the executed.Based on the reality of our country,it is possible to improve our executive progress of the couple's common,debt from below aspects.Affirm the applicant to be the progress starting subject;Be practicable to execute the hearing and review procedures;Enrich the execution relief system.
Keywords/Search Tags:the couple's common debt, additional execution, executive hearing, execution relief
PDF Full Text Request
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