A Constitutional Study On The Execution To A Executed Creditor's Due Rights

Execution to a executed creditor's due rights refers to a executing procedure that the applicant (the creditor) or the executed (the debtor ) presents the court an application which requires the court compulsively transfer the debtor's rights to a third party to the applicant, in case that he has rights to a third party and failed to discharge his debts to the applicant. Involving two creditor's rights and three parties, making the third party a obligor beside the debtor, the above-said execution has a one-and-only effect in solving the problem of"triangular debts"because it break through the relativity of debts when taking the place of the debtor's property by his creditor-rights as the object of execution. But legislature in our country is still not perfect, and there are many problems in our own system, and all these confine its functions. More comparative studies on relevant systems have to be maked in order to improve it. That is the reason for me to select the system of execution to a executed creditor's due rights as topic. With the hope that through such analyse, we can obtain some revelations and suggestions, which can be used to perfect our relevant systems. And to make this legal procedure more effectively.This paper consists of three parts: Introduction, main body and epilogue,totally about 23000.Three chapters compose the main body.Chapter I analyses the properties of the execution system of matured claims and its theoretical basis. There is no conclusion about its properties in the academia. If there is no explicit property. It is results in unreasonable legislation. So in order to perfect system through legislation, it's necessary to analyses and summarize its nature of the system. And upon the analysis for the theoretical basis that supports the establishment of this institution, it can be confirmed that the establishment, execution, and ratification of the institution have legitimacy.Chapter II summaries the system of execution to a executed creditor's due rights in America, Britain., France, Germany, Japan and Taiwan.'By other's faults, wise men correct their own. Through study the systems of execution to a executed creditor's due rights in the overseas, and finding out their rather mature system have good use for improvement of our system.Chapter III is the main of the article. The first thing which writer does is analysis the state of execution to a executed creditor's due rights. Reference the main content which was ?descriped in chapter II, we can find there are four defects in our own existing system: The debts which could be executed was limited, it is not suitable for court to start a executing procedure which is backed by perform notification, the executed enjoy the right to start the executing procedure is not reasonable, the absolute right to raise a objection of the third party can do damage to the creditors'right, at the same time, we lack an appropriate mechanism to restrain the hazard. But we always believe that where the faults are, where the remedy exist. So, in the final of article, writer will propose some suggestions, in order to perfect our own system of execution to a executed creditor's due rights.