On The Legal Issues Of Repossession

It is common for repossession in practice,but in our country,the current legislation does not provide.All over the country,the people's court at all levels make judicial decisions based on the types of repossession and adopted theory widely;however,due to the divergence between the theoretical points,the results of judicial decisions are different.Investigate its law nature,for the theory of doctrine,the practical legal actis suitable for relevant regulations about datio in solutum and the establishment condition is for the transfer of the ownership.Withal,the author has gone to use the type distinction method,collected the judicial decisions of the people's courts at or above the provincial level,combined with various theories and based on autonomy of contract,made clear definition about the legal nature and effect of different types of repossession.It tended to be the same as the repossession judicial decisions.The author has pointed that repossession agreement whether the performance of debt before or after the expiration belonged to obligatory right in nature.So its legal nature and l effect could only be based on the principles and norms of the creditor's rights law.The behavior of the transfer of ownership of the debt before or after applied to the principles and norms of the jus rerum.But if it does not conform to the principle of real right publicity,it does not produce the corresponding real right effect.The parties reached a false lawsuit to repossession,and invaded another person's rights.In addition,the judges strengthened the subjective initiative and identify the basic facts of the case actively,it needs to be punished by external punitive norms and the false litigation was not a reason to deny its effectiveness.This paper was divided into six chapters to discuss legal issues of repossession.The first chapter was introduction including theoretical analysis,research purposes,research methods,etc.;the second chapter was to determine the concept of repossession;the third chapter showed the affirm about different types of repossession in judicial practice;the fourth chapter explained the different theories and learned useful parts;the fifth chapter provided correct adjudication norms for judicial decision based on the nature and effect of repossession;the sixth chapter was the conclusions.