The Empirical Study Of The Repossession Agreement

To fulfill the object as a way of fulfilling the debt widespread in practice,but in our country’s "civil law", "contract law" and so on, there is no clear sti pulation about it, the theory and practice on the concept of bonded, to argue o ver the nature and the effectiveness in a debt agreement.Some scholars defined as the object when the debtor is unable to repay overdue money debt, contrac t both sides is voluntary in all of the property of the debtor or a third party i nstead of money payment to creditors in order to counter the civil juristic act of debt at a discount,and to fulfill the object can be divided into generation of liquidation and narrow to bonded, the main difference is that the creditor whe ther reality to receive his payment at the same time.Because by material bonde d easily confused with liquid contract, guarantee and other related concepts, the influence to the effectiveness of the debt agreement,Topic of this paper is a d ebt agreement the object of empirical study, the purpose of the study is to acc urately define to the concept of a debt agreement, nature and legal effect and in the practice of justice in a debt case properly the referee to provide legal b asis.In this paper, the integrated use of the empirical analysis and contrast anal ysis. Empirical analysis through the typical case, lead to each chapter of the re search object, the former in a debt agreement,to fulfill the object of the concili ation agreement and to a debt settlement, baconian controversy, around the disp uted points, three chapters respectively before litigation is emphasized in a debt agreement nature determination, to fulfill the object in the properties and cons titutive requirements of the conciliation agreement, implementation program to f ulfill legal basis. Comparative analysis method, specifically is to different litigation stage to fulfill the object and related concepts, this paper compares and an alyzes difference between commonness and difference, and then define different stages of litigation right in a debt agreement nature and effectiveness.Before, the author thinks that to achieve in a debt agreement nature and e ffectiveness of, not only depends on the expiration of the agreement prior to t he expiration of the time limit is in debt or after, but also consider whether th e transfer of real right of the bonded material, as well as with liquid debt cha nges, contract, guarantee, mortgage contract and other related concepts to distin guish; In court during the trial, the parties to fulfill the object of mediation ag reement and presided by false litigation, contract how to differentiate between l iquid and its effectiveness cognizance question, formulated under the request of creditors at the same time, the court can be based on the conciliation agreem ent directly made an order for the transfer of bonded material; In the executio n by thing a debt settlement agreement with the distinction between the execut ion reconciliation and the nature of ruling by thing bonded and effectiveness a nalysis.