Research On Debt Relief System

Debt relief is one of the causes of the extinction of debt relations,and its similar system has existed since the time of Roman law.Modern countries have made provisions on the debt relief system in their legislation,but there are still many differences on the nature and form of debt relief.This article first expounds the definition of debt relief,origin and modern legislative example,combing the different views on the nature of debt relie.Then the paper discusses the debt relief belonging to the two sides behavior.On this basis,the paper combs the constitutive requirements of debt relief.Then,the paper analyzes three problems:form of debt relief,debt relief whether can withdraw or cancel,whether can attach condition or time limit,and puts forward relevant proposals.The preface part introduces the background of the article and the research status at home and abroad.This part also introduces the basic ideas of this article.The part makes an overall introduction to my own article.The first part is to define of debt relief,combing its origin and the modern legislative example.Now,there are two ways to define the debt relief in the academic world because of the different understanding of the nature of debt relief.I believes that debt relief should belong to the two sides behavior,so in this part,from the perspective of both sides behavior of debt relief for the general definition;The debt relief system can be traced back to the Roman law era,and modern countries have different regulations on the debt relief system.This part sorts out the provisions on the debt relief system in the Roman law era and modern countries,showing the development of the debt relief system.The second part is the analysis of the nature of debt relief.There are mainly three theories in the academic circle about whether debt relief belongs to unilateral act or bilateral act: unilateral act theory,modified unilateral act theory and bilateral act theory.I argue that debt relief should belong to bilateral act from four perspectives:the nature of the relationship between debt,the difference between creditor’s rights and real rights,safeguarding the rights of all parties,the relationship between debt relief and gift.At the same time,from the perspective of maintaining the principle of good faith and maintaining the order of trading market,the author makes an analysis and concludes that debt relief should be an abstract action.The third part is the analysis of the constitutive elements of debt relief.The author thinks that debt relief belongs to the two sides behavior.So the establishment of debt relief must be agreed by both parties,that is,the creditor expresses the intention of debt relief and the debtor accepts it.For the special debts such as the debts paid by the unit to the workers,there is no debt exemption even if both parties agree,so the debt exempted must be forgivable.In addition,the establishment of debt relief shall not damage the interests of others and the public.The fourth part is the analysis of three practical problems in debt relief.The author thinks that :(1)In order to safeguard the interests of the creditor and improve the judicial efficiency,the establishment of debt exemption must have specific and clear agreement of both parties,and the debt exemption cannot be established only by returning the certificate of creditor’s right;(2)Before the agreement of debt relief is reached,the creditor may withdraw or revoke its offer of debt relief in accordance with the provisions of the Civil Code on the withdrawal or cancellation of the offer.After the agreement of debt relief is reached,the law shall grant the creditor the legal cancellation right under certain conditions for the consideration of safeguarding the interests of the creditor;(3)Debt relief can be conditional or attached to an initial period,but not to an end period,because this is contrary to the original intention of the debt relief system.The conclusion part summarizes the main points of this paper again and puts forward corresponding suggestions,which is the summary of the full text.