法律英语在线翻译

发布日期:2019-10-18 22:15   来源:未知   阅读:

  债务加入制度,近来成为我国司法审判中的热点和难点问题,我国法律对此项制度却无明确规定,理论界的研究也不充分。实务之难主要在于债务加入制度与诸如保证、免责的债务承担、第三人...

  债务加入制度,近来成为我国司法审判中的热点和难点问题,我国法律对此项制度却无明确规定,理论界的研究也不充分。实务之难主要在于债务加入制度与诸如保证、广东省汽车站有没有网上订票系统?!免责的债务承担、第三人代为履行等相似制度的区分上。欲解决此实务上的难题,从理论上考察债务加入制度的产生、发展、建构等仍是不可缺少的步骤。债务加入制度在理论上也存在诸多难点和争点,本文主要以我国民法的现实结构为基础,对这些难点和争点作出解释。在研究方法上,因着眼于解决实务问题,所以做了大量的案例研究;为求在理论上对债务加入制度作较全面、深刻的探讨,运用了比较的、历史的研究方法。挂牌寻宝新图老挝外交部副部长通潘表示,,研究过程中,始终注意理论联系实际,在查阅了大量有关债务加入的案例以及相关文献资料的基础上,提出了一些新的见解。如:在论述债务加入概念时,提出了债务加入制度除了具有保证的功能外还具有融通的功能;在论述债务加入制度与其他制度的区分时,结合各级法院的判决理由以及国外实务中的一些判断方法,总结归纳出相对清晰的裁判规则。通过理论上的构建以及考察债务加入制度在实务中的运用,认为债务加入制度有其自身独特的无法取代的制度功能,·《忍者神龟变种时代》2014电影迅雷下载高清国语版我国民法应对其作出一般性规定。最后得出结论,即债务加入制度是一项独立的民事法律制度。

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  Debt join the system, recently became the administration of justice in the hot and difficult issues, our legal system has failed to specify the provisions of this theoretical research community is not sufficient. The main practical difficulty is that the debt, such as adding system and guarantee the debt exemption commitments on behalf of a third party to fulfill such a distinction similar to the system on. To resolve this practical problem, from a theoretical study by adding a system of debt creation, development, construction, etc. is still an indispensable step. Debt to join the system in theory, there are many difficulties and strive for, this article primarily on the reality of Chinas civil law based on the structure of these problems and strive for an explanation. In research methods, due to focus on solving practical problems, so did a lot of case studies; for the sake of adding a system of debt, in theory, be a more comprehensive and profound exploration of the use of the comparative and historical research methods. Course of the study, always pay attention to integrating theory with practice, in the access to a large number of cases related to debt, as well as to join on the basis of the relevant literature and put forward some new ideas. Such as: in his discussion of the concept of debt by adding proposed addition to the debt guaranteed by adding a system function, also has the function of intermediation; in his discussion of the debt by adding the distinction between system and other systems, the combination of reasons at all levels of court decisions and foreign practice in the judgments and methods, are summarized with relative clear-cut rules of adjudication. Through the theoretical construct and to study the debt-to join the system in practice in the use of debt by adding a system that has its own unique system of functions can not be replaced, our country also needs to be the general provisions of civil law. Finally come to the conclusion that the debt to join the system is an independent civil legal system.

  The debt joins the system, recently becomes in our country judicature trial the hot spot and the difficult question, our country law actually does not have to this system stipulated explicitly, the theorists research is not full. The practice difficult mainly to lie in the debt to join the system with such as the guarantee, the relief debt to undertake, the third person to replace the fulfillment and so on the similar systems discrimination. Wants to solve in this practice difficult problem, theoretically inspected the debt to join systems production, the development, the construction and so on was still the essential step. The debt joins the system theoretically also to have many difficulties and the point of contention, this article mainly take our country civil law realistic structure as a foundation, makes the explanation to these difficulties and the point of contention. In research technique, because focuses on the solution practice question, therefore has done the massive case study; In order to ask to join the system to the debt to make comprehensively, the profound discussion theoretically, has utilized the comparison, the historical research technique. Studies in the process, pays attention to the apply theory to reality throughout, in has consulted the case which as well as in the correlation literature material foundation the massive related debts join, proposed some new opinions. For example: When the elaboration debt joins the concept, proposed the debt joins the system besides to have the guarantee function also to have the allowing temporary credit function; When the elaboration debt joins the system with other systems discrimination, in the union all levels of courts decision reason as well as the overseas practices some judgment method, summarizes induction showing off to the clear referee rule. Join the system through the construction as well as the inspection debt theoretically in the practice utilization, thought that the debt joins the system to have uniquely its own is unable the substitution system function, our country civil law deals with it to make the general stipulation. Finally draws the conclusion, namely the debt joins the system is an independent civil legal regime.