論金錢債權強制執行債務人責任財產報告制度 —兼論德國財產開示制度

• Main Authors: Hsieh,Chen-hsiang, 謝禎祥
• Other Authors: Lin,Chou-Fu
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/6s8689

碩士 === 國立中正大學 === 法律學系碩士在職專班 === 107 === Abstract Title of the paper: On the creditors right to enforce the debtors responsibility property reporting system - Also on the German property discovery system Guidance Professor: Dr. Lin,Chou-Fu, Dr. Lo,Chou-wei Graduate student: Hsieh,Chen-HSiang Summary content: The life of law lies in its execution. The law is not a paper on paper, but a force that contains life. The power of this life lies in the realization of law, and execution is an indispensable way for law to obtain life. If the implementation effect is not good, the lighter people will cause disappointment to the states public power, resulting in a sense of alienation, but also contribute to the hurricane of escaping debts and create a distrust of the prestige of the states public power. The reason why the enforcement effect is not obvious is the reason why it is worth exploring. This paper begins with the implementation of the four major procedures, firstly openly understands the content of the enforcement work, and gradually enters the core work of enforcement, that is, enforces the main subject matter. Search. Because the first stage of the so-called enforcement effect is that the creditor has not fully satisfied the property of the debtor after auctioning the debtors property, the second stage is that the debtor has the property that can be searched for enforcement. To this end, this paper first elaborates on the definition of the debtors liability property, the discovery of the responsible property, and the effect of the debtors breach of the property reporting systems obligations—restriction, management, and restrictions on residence. And indirectly enforced the enforcement of the status of enforcement and the timing of enforcement. Enforcement of important principles - indirect mandatory complementarity principle: Indirect implementation of the supplementary principle means that direct enforcement and indirect execution have primary and secondary points in application. Indirect execution should be applied after direct enforcement and substitution, and a complementary means of direct execution instead of execution. Secondly, in order to increase the breadth of enforcement, a series of integration and analysis of the German property discovery system, including the content of the countrys research on the system, the evolution of Germanys own property discovery and the current status of the system. The biggest difference between the German property discovery system and the domestic property reporting system is that the German property discovery system has a guarantee of oaths and a debtor’s roster that is not available in China, and the timing of restricting personal freedom, such as the debtor’s control, violates the oath of pledge. As for the biggest highlight of the German property discovery system, it is the debtor’s roster. The setting up of the debtor’s roster is not a punishment for the unfunded debtor. It is mainly for the debtor who still has the financial resources to live in the future and who is still in need of economic life to give self-diagnosis and self-determination of future life. For example, the debtor believes that the future prospect can be In the meantime, it will cooperate with the executive authorities to provide future property income and make it into a debtors register, which can be reintegrated into the economic society for production or economic activities, so as not to know how to face the recovery of creditors. Keywords: enforcement, indirect enforcement, guarantee of oath, debtors roster