Research Of The Effect Of The Settlement Contract

The settlement agreement is a classic way of dispute settlement,which makes the dispute resolved more thoroughly because of the voluntary concessions of the two parties.Settlement agreement and differences between settlement and debt change,about the effectiveness of the settlement agreement,there are "identify effect" and "creation effect",but both failed to fully reveal the effectiveness of the settlement agreement,the legal effect of the settlement agreement is "determine effect",the concession between the parties is the substantive scope of "determine effect" play the role.Beyond the conclusion,this paper is divided into five parts.The first part through the supreme court guidance case "wu mei case" introduced the issue,namely the validity of the settlement agreement,under the effective force of the settlement agreement and the original effective judgment,whether the effective settlement agreement on the antigen judgment,whether only in the settlement agreement against the effective judgment directly involves the validity of the settlement agreement.In addition,the settlement agreement is different from the contract regulated by the substantive law,and the basic legal relationship of reaching the settlement agreement is not in common.The research on the settlement agreement should be carried out from the perspective of the Procedure Law.The second part is an overview of the settlement agreement,mainly demonstrating the nature concept,the elements,and the relationship with the relevant concepts.The settlement agreement should be neutral,and even if the parties enjoy the right of repentance,it is only a change in the legal relationship after the effect of the settlement agreement,and cannot be used as evidence of the material nature.The agreement requires disputes between the parties,mutual concessions and the agreement of settlement of the dispute.Mediation agreement mediation agreement essentially belongs to a kind of settlement agreement,settlement agreement is different from the payment of substitutes,the basis of the parties to conclude the settlement agreement is that the original legal relationship is controversial.The third part involves the effective conditions and the effectiveness of the settlement agreement,the effect of the settlement agreement,should not be simply understood to confirm the original legal relationship or create a new legal relationship,neither can summarize the settlement agreement,according to the true intention,whether the newly determined legal relationship is consistent with the original legal relationship,both parties are bound by it,on the one hand shall not claim the new legal relationship,according to the settlement agreement,this is the effect of the settlement agreement,namely "determination effect".The fourth part is the study of the scope of the settlement agreement,mainly involving the subject,object category and the matter of limitations.Except the parties to the general circumstances,the settlement agreement also has an impact on the guarantor,joint and several creditors and joint and several debtors.For the object of the settlement agreement,it shall be anchored within the scope where the parties confirm that there is no dispute over the matter.When the standard of the legal effect of the settlement agreement occurs,the parties should reach a final agreement on the right already obtained and able to take free punishment.The fifth part is the effectiveness of the settlement agreement,involving the obstacles to the implementation of the settlement agreement,in the settlement agreement contains the content of the agreement and the original legal relationship,so the judgment whether can exercise the right to revoke should screen the disputed matters on the basis of the specific judgment.In addition,as for the exercise of the right to discharge,the parties should be allowed to urge the performance of the settlement agreement by agreeing on the termination right.