The Location And The Legal Effect Of The Agreement On Repossessed

At present, our country’s social life and judicial practice there are a lot of repossessed protocol, and cause disputes nor in the minority, but the law of our country did not on material debt agreement provisions, the court in the trial of similar cases of disputes, no a unified standard, cause trial results are not the same. In academic circles, of material debt agreement’s legal effect of is not much, but some will confuse the repossessed and substitute liquidation and fluidity contract and other related concepts, inappropriate applicable rules. The absence of physical and seldom set foot in, often appear in practice, the relevant legal system, these reasons led to the judicial practice of similar problems due to different trials may lead to the dilemma of conflicting trial results. This article analysis on material debt agreement the meaning and nature, in order to further analysis to material debt agreement’s legal effect, it is concluded that to material debt agreement should be an independent legal concept, to the nature of the material debt agreement belongs to nameless contract, in violation of the law mandatory provisions of the premise of protocol was established and effective conclusion, and entered into an agreement of the parties to the meaning from that point of view, and gives the relative regulation proposals, in order to help to the judicial practice.This paper will be divided into three parts:The first part: in this paper, the concept of material debt agreement definition, from starting to material debt agreement containing and composition of two angles, the material debt agreement deconstruction analysis that repossessed protocol is life to resolve disputes of a phenomenon, analysis to the different types of material debt agreement, clear this paper discussed repossessed assets scope of the agreement is to practice in common in debt to fulfill upon the expiration of the period, enter the judicial process before, then clear this paper to repossessed protocol elements. The will to the concept of a material debt agreement and on behalf of the property settlement, fluidity contract, the transferring guarantee, debt renewal and reconciliation agreement analysis, clarify the different concepts, drawn to debt agreement shall be independent concept of conclusion, for paper to material debt agreement legal nature and legal effect provides the basis.The second part: Analysis on the legal nature of repossession agreement. First of all, from the repossession agreement is a burden behavior or disposition of the debate began, some scholars believe that the agreement is essentially a legal act to dispose of their own property, but the theory that most repossession agreement is a contract, which belongs to the burden of behavior, through demonstration, the repossession agreement is the burden of behavior conclusion; secondly, based on the approval of the agreement as a burden on the actions are in favor of the negation and negation of the debate, the main reason is because the agreement will produce from repossession concept agreement and the fluidity contract confusion, but at present, recognition of its views through the analysis of the majority that, in favor of the conclusion; finally, in recognition of repossession protocol is based on contract behavior and certainly the agreement itself, to analysis whether repossession agreement, Cheng As the first part of the case can be seen to material debt agreement and practice of Connaught can make the judges that diametrically opposite conclusion, obviously, Connaught is conducive to judicial practice. Therefore, this paper draws the final conclusion, repossessed protocol is belongs to a kind of nameless contract, should invoke promissory contract rules related to treatment.The third part: to identify the material debt agreement of Connaught, from protocol itself on the jurisprudential and judicial practice point of view, the interests of the parties to angle to explain certain material debt agreement of Connaught into effect to and analysis identified to material debt agreement of Connaught when possible, through the analysis of the problems one by one, that the problems are traceable, can produce solutions. Finally, the judicial practice, to material debt agreement, respectively, to the meaning of the said not clear put forward relevant regulation, namely the meaning clear, according to the viewpoint in this paper, quoting unnamed contract, if the meaning is not clearly expressed, it is recommended that invoke contract meaning expressed clearly explain the rules and recommendations Supreme Court case related guidance, to avoid confusion lower court cases clear and meaning.