An Analysis Of China's Creditor Delay System

Receiving delay system as a of continental law system on the right of the traditional method of system,the general principles of the civil law in our country for creditors to take delivery delay and no systemic regulation,in the civil legislation in China,the existing laws and regulations and no delay in receiving the obligee movable property,real estate or to serve as an object,such as not take delivery of the subject matter to make a clear system of regulation,only in the specific provisions of contract law of the sales contract,processing contract,in the maritime code and other laws and regulations on the components of creditors take delivery delay and the scattered rules,and the legal effect to make the delay did not form systematic rules.The legislative deficiencies of this system can not adapt to the legislation demand of various contract disputes arising in the process of market trading.Therefore,this article attempts from the practice of a contract dispute case of creditors take delivery delay caused,and then discusses the concept,legal effect of creditors take delivery delay and improve the system of the suggestion.This paper is divided into four chapters.The first chapter is a summary of the delay of the creditor from the practice case,which includes the analysis of the concept of deferred delay of the creditor,and determines that the deferred delay is one of the obstacles to the performance of the debt.Then through to the other countries have relatively perfect legislation and academic theories,the creditor's rights or obligations and receiving properties,the view that our country mainland scholar Mr Han Shiyuan,don't think take delivery for the legal nature of real obligations;Finally,the research significance of the delay system of the creditor and the existing problems in our country are briefly dissected,which confirms the necessity of perfecting and perfecting the delay system of the creditor.The second chapter focuses on the delay of the creditor that put forward the complete planning ideas,through to the debtor has the ability,the performance of the way for the implementation of the children of legitimacy,creditors did not receive detail,the composition of the creditors to take delivery delay conditions were determined.In this paper,the author analyzes the various identification factors of the recipients and puts forward the personal views in combination with the different viewpoints of domestic and foreign legislation and scholars.The third chapter to creditors take delivery delay analysis,the legal effect and the responsibility to eliminate has been clear about the debtor's duty of care,reduce and exemption rights by the cost of a request for compensation,the transfer of risk burden,and the debtor unilaterally terminate the contract and take delivery delay in legal effect.The fourth chapter is the focus of this paper,the thesis is extracted from the whole point of view,and puts forward some Suggestions for the improvement and improvement of the delay system of China's creditors.First analysis system of our country take delivery delay in nature,constitutive requirements and legal effect of the existing problems and delay in receiving the possible in practice such as the obligor's early performance,partial performance,defective performance to the obligee refuses to take delivery of special problems,such as personal thinking.Finally,it is suggested that China accelerate the legislation of the delayed system,and improve the risk transfer,non-real obligation,quality inspection,transfer of ownership and the deposit and other contents.