Generation Of Settlement Agreement Validity Cognizance Question Research

Generation of liquidation is a kind of civil juristic acts,is one of the reasons that the relations of debt,it is a way to perform due debts,in the field of debt,methods have wide applicable space.In recent years,generation of liquidation of the contracts is arousing the concern of the practice and the theoretical circle and banking by Banks to fulfill management approaches,civil enforcement is also widely used in this way,the generation of the nature of the liquidation of the contract and effectiveness have yet been determined,thus causing applicable in all sorts of difficulties and debates.Some scholars hold the view that the generation of liquidation of the contract is acceptable by the party as a way to fulfill the debts,if the contracts have not been fulfilled,then the debt won't be fulfilled,the original debt should continue to perform;The other scholar thinks: generation of liquidation of the contract is a contract,the creditor and the debtor reach a generation after settlement agreement,the original creditors' rights debt is for processing,namely the creditor's rights debt has been destroyed,and the generation of physical settlement of contract can be regarded as the form of the new contract of creditor's rights debt relations.Then,generation of discharging of contract or contract,a contract? Only to perform the way to eliminate the relationship between creditor's rights debt,or the resulting new debt relationship? The author thinks that,for the generation of in-depth study of liquidation system,it does not only help to understand the evolution of debt law idea,it also more accurately grasp the essential property of debt at the specification level at the same time,also for our future civil code of creditor's rights legislation introduced liquidation system to provide theoretical support.The essence of this article writing mainly through to the first generation of the basic overview of the settlement agreement,through the generation of the concept of the settlement agreement contract,expounds the problems of the nature,elements,legal characteristics which make us have a clear understanding of settlement agreement of generation,and generation of physical settlement agreement at this stage facing the validity cognizance of varying embarrassing questions,practice in a large amount of generation of settlement of different connection with the case sentenced,district court and the Supreme Court decided to its appear inconsistent,greatly damaged the majesty of the law and stability.Effectiveness in order to solve the generation of content agreement concluded that we are now facing the problems and challenges,the author though the analysis of generation things are easily confused with other similar system,compare the effect on settlement agreement of generation theory of several different attitude,and the combination of different courts as a line the judge will handle the case in practice,put forward their settlement agreement effectiveness of generation a new thinking,hopes to contribute to the improvement of the system of the current generation of content settlement agreement.