On The Discharge Of The Debtor To The Creditor Must Possess

According to traditional theory of civil law, redemption of debt is one of the reasons for obligation to be discharged. As the discharge partner of obligation, debtors should pay off debts to creditors or person who have right to accept redemption of debts, or it will not come into force of discharge. But basic value of law and aim of legal rule are not only indemnification for property rights and respect for personal rights but also attention to security of dealings. Dealings that take place between equal subjects should be confirmed by law, that is, the definition of displacement of property rights and fulfillment of property duty between equal subjects should be guaranteed by adequate rules. Therefore, validity of discharge will be approved in some circumstances of discharge to the thirty party in order to guarantee the security of dealings.The center of this thesis is the connected question of debtors paying off debts to creditors in quasi possession. As a concrete system of discharge, the question of debtors paying off debts to creditors in quasi possession is discussed by few scholars of civil law. There is not a clause about it in the civil regulations, either. With frequency of dealings, the cases concern with this system will attract attention of scholars of civil law. I t is a pressing matter of the moment. The thesis discuss by means of referring to civil law and connected thesis abroad and Taiwan. The thesis is composed of four parts, the main points follows:Part I , the system of quasi possession. At first, summarize the system of quasi possession and expand that dominance relationship de facto to property rights that don't take place by way of direct possession should be guaranteed. Secondly, requisites to constitute quasi possession are intention of possession, property rights that don't take place by way of direct possession and performance de facto. It is obvious that right of utilizing adjacent land , hypothecation and credit can be objects of quasi possession.Part II , creditors in quasi possession. This part focuses on historical inspection of creditors in quasi possession directly so that we can have general knowledge. Then, give a definition by contrasting the definition of scholars of civil law in mainland and Taiwan. At last, straightens the types of creditors in quasi possession and discuss if unauthorized agent is creditor in quasi possession or not.Part III, the validity of debtors paying off debts to creditors in quasi possession. Recognition of validity of debtors paying off debts to creditors aims at guarantee the security of dealings. Debtors should be bona fide and unerring. At the same time, debtors have already paid off debts to creditors. Only in this way, comes into force the discharge. Once the discharge comes into force, actual creditors, creditors in quasi possession and debtors will be affected. Then, it is necessary that actual creditors should tale measures to guarantee their own rights.Part IV, concluding remarks. As the ending of the thesis, I suggest that the system of debtors paying off to creditors in quasi possession should be established in our country. It is not only possible but also necessary.