Research On Legal System Of The Paying Off And Compensation

Paying off and compensation, as the name suggests, refers to such a phenomenon as which part of the debt is supposed to have been paid off when the debtor takes on one or many debts for the same creditor but the payment of the debtor is insufficient to pay off all the debts. As the important content of legal system of the paying off, it originates from Roman law, and at present the paying off and compensation rules have been adopted by many civil law countries. But legal rules about the system of paying off and compensation in our country is few, legislation about it has not been mentioned by a character. Because of urgent requires in practice, our country just wrote the paying off and compensation rules in the second judicature interpretation of Contract Law. However, the second judicature interpretation of Contract Law just stipulates legal compensation of the paying off and compensation, one side of the rules. Absolutely, the few stipulations cannot satisfy the requirements of transaction in our economia social activities.Considering the relevant provisions and theory in the legal system of civil law, legal system of common law and many different countries, and the civil law in Taiwan area and Macao special administrative region of our country, the system of paying off and compensation is to make more comprehensive combing with the research, the full text has been divided into four parts:The first part has studied the legal provisions of the paying off and compensation from the comparison angle. The second part has expounded fundamental theory and constitutive requirements of the paying off and compensation of debts, and discriminated the differences between compensation and proximity legal terminology. The third part, from the view of establishing and consummating the rules of paying off and compensation of debts in our country, analyses the fundamental principles which need abide by in this course, concrete legislation and the position in the future Civil Law of our country. The fourth part summarized the achievements which have been derived in this paper. The system of paying off and compensation established the ranking of claims, which will be good for balancing the benefit between creditor and debtor, stabilizing obligatory relationships and ensuring the unification of justice.