Study On The Legal Set-off Of The Debt Elimination System

Set-off refers to the debt of both parties in case，a party may bring their debt with theopposing party debt set-off each other，so that both sides of the debt perish. In theeconomic life，to set-off the way to achieve the goal of eliminating debt，is an easy way toperform the obligations. The contract law of our country establishes the system of the legalset-off in the ninety-ninth article，but the legal system for a long time has not been payattention by the theory and practical scholars，the current civil law provisions on Legalset-off of China model for the experience of other countries legislation，provisions arerelatively general，detail specification also a lack of the specific scope，condition andoperation. the civil Realization way for legal set-off system implementation has not madespecific provisions in civil litigation，the trial practice of legal set-off system in judicialpractice is very chaotic，and because contractor personnel understanding of the exercisecondition of legal set-off，the same case may appear different verdicts in the court. In thispaper，the writer tries to study on the legal set-off by theoretical analysis，comparativeanalysis of various countries legislation，the problems in exercise of the legal set-off，targeted to put forward the corresponding countermeasures and suggestions on perfectingthe legal set-off system in our country，to provide reference for the exercise of civil trial inChina to improve the legal set-off system，in order to judicial practice of some help infurther.This essay contains three parts as: The first part offset right theory, origin anddevelopment of the concept and types, the concrete content includes offset to the right oflegal offset right; the second part nature and function of legal offset right were discussed,and a list of legal offset right to exercise the positive factors and negative factors; the thirdpart, discuss the ways to exercise legal offset, including litigation lay and suits, and theexercise of legal offset effect analysis, mainly discusses the statutory retroactivity, which goes back to offset the suitable shape of equal amount of debt destroy each other, analysesand discusses several problems and then focus on controversial at the present stage of legaloffset right encountered during exercise. Including over creditor’s right can exercise oflegal offset, offset, allow in the assignment of creditor’s right in the executive stageexecution advocate offsets to hot issues, and current legislation in view of our countrypresent stage of legal offset right system, pointed out that the shortage of legislation inChina and puts forward some suggestions.