履行債務 的英文怎麼說
中文拼音 [lǚhángzhàiwù]
履行債務
英文
fulfill obligation-
This article consists of five parts as following : mortgage of uncompleted building was originated from the common law and the law of hong kong, so the paper probes into its meaning - the transformation of the specific property right ; when the debtor fails to perform his duty, the creditor can obtain the title determinately ; the debtor enjoys the right of redeeming the collateral security through fulfilling his debt, the creditor has the obligation of returning the property at the same time. secondly, the author summaries its essential feature on the practice of the real estate mortgage hi the mainland of china - the target of the mortgage is a kind of expective interest ; the mortgage is a kind of guarantee which is settled through making over the interests in expectancy ; the risk of the mortgaged uncompleted building should be borne by the realty company instead of the mortgagor ; the phase of the mortgage ; mortgage is realized in a particular way. thirdly, on the basis of analyzing the legal nexus that is involved, the paper points out that the legal ne xus of the mortgage is just between the mortgagor and the mortgagee
樓花按揭作為一種擔保方式起源於英美法上的mortgage ,所以本文第一部分首先探討了mortgage在英美法上的含義:特定財產權利的轉移;在債務人不履行債務時,債權人可以確定地取得所有權;債務人享有通過履行債務而贖回擔保物的權利,同時債權人負有交還財產的義務。其次,就我國的樓花按揭實踐總結了其基本特徵:樓花按揭涉及兩個合同三方當事人;樓花按揭的標的是一種期待性利益;樓花按揭是通過轉讓物業權益而設定的一種擔保方式;預售樓花滅失的風險應有開發商承擔;樓花按揭的階段性;樓花按揭實現方式的特殊性。最後,分析了樓花按揭所牽涉的各個法律關系,認為真正的樓花按揭法律關系只是購房人與銀行之間的按揭貸款關系,按揭當事人只有購房人(按揭人)與銀行。This paper has following main views : according to the contract benefited to the third party : firstly the third party gets rights to demand debtor performing the duty. secondly creditor has rights to ask debtor to perform his duty to the third party, and if debtor does n ' t perform his duty, creditor also has rights to claim for compensating his loss resulted from debtor. thirdly debtor can use the rights of counterplea derived from the contract to oppose the third party
本文的主要觀點有:在為第三人利益合同中,第三人擁有直接請求債務人履行債務的權利;債權人同時享有請求債務人向第三人履行債務的權利,債權人對因可歸責于債務人的事由而對自己所造成的損害有權請求賠償;債務人可以合同所產生的一切抗辯來對抗因合同受益的第三人。In regard to the theoretical basis of it, the creditor ’ s rights can not make effect on a third party for being a comparative right, and can not demand the third party to assume the debtor ’ s obligations, rather than a third party willful infringement upon the realization of rights of creditors. as a kind of rights protected by law, the creditor ’ s rights possesses the characteristics of inviolability, which originates from the comparative effect to the outside
就第三人侵害債權的理論基礎而言,指出債權作為相對權而不具有對抗第三人的效力,應當是指債權人只能要求債務人履行債所要求的特定義務,不能要求第三人履行債務人的義務,而不是指第三人可任意阻礙和妨害債權的實現。Upon performance by the obligor, the deposit shall be set off against the price or refunded to the obligor
債務人履行債務后,定金應當抵作價款或者收回。Any additional expense incurred by the obligee due to the obligor ' s early performance shall be borne by the obligor
債務人提前履行債務給債權人增加的費用,由債務人負擔。Any additional expense incurred by the obligee due to the obligor ' s partial performance shall be borne by the obligor
債務人部分履行債務給債權人增加的費用,由債務人負擔。The obligee may reject the obligor ' s early performance, except where such early performance does not harm the obligee ' s interests
第七十一條債權人可以拒絕債務人提前履行債務,但提前履行不損害債權人利益的除外。Article 71 where the debtor performs his obligation at its maturity, or where the pledgor pays, prior to maturity, the debt secured, the pledgee shall return the pledged property
第七十一條債務履行期屆滿債務人履行債務的,或者出質人提前清償所擔保的債權的,質權人應當返還質物。The pledge right of intellectual property, also called pledge right of chose in action, refers to the debtor of the third party use the transferable intellectual property as the security of debt according to the laws, and establish pledge. when the debtor cannot fulfill obligation on time, the creditor can sell on discount or by auction the intellectual property and has the priority to receive compensation
知識產權質權,亦稱無體財產質權,是指債務人或者第三人依法將其可以轉讓的知識產權作為債務的擔保,設定質押,于債務人屆期不履行債務時,債權人得依法折價或拍賣、變賣該知識產權,並以其價款優先受償的權利。The district attorney processed against the defaulting debtor
地方檢查官起訴不履行債務的債務人。Debtor must perform bis liabilities to third party according to the contract, or else he should bear the liability of the breach, but debtor can protest all demurs, being against the creditor in the light of the contract, to third party
債務人應依約向第三人履行債務,否則,應向第三人承擔違約責任,但是基於合同關系而生的對債權人的一切抗辯,債務人均可以向第三人主張。Buyer ' s assumption of the risk of damage to or loss of the subject matter does not prejudice its right to hold the seller liable for breach of contract if the seller rendered non - conforming performance
第一百四十九條標的物毀損、滅失的風險由買受人承擔的,不影響因出賣人履行債務不符合約定,買受人要求其承擔違約責任的權利。In other words, if the debtor fails to settle a debt, the bank will cover it
換句話說,如果債務人最終不能結清債務,銀行將代其履行債務責任。Where the parties prescribed liquidated damages for delayed performance, the breaching party shall, in addition to payment of the liquidated damages, render performance
當事人就遲延履行約定違約金的,違約方支付違約金后,還應當履行債務。Article 87 the creditor and the debtor shall stipulate in the contract that the debtor shall perform his obligation within not less than two months after the creditor takes possession of the debtor ' s property
第八十七條債權人與債務人應當在合同中約定,債權人留置財產后,債務人應當在不少於兩個月的期限內履行債務。Enterprise movables mortgages the main item that register includes : guaranty person, hypothec person, small sign contract, the name of pawn, amount and price, the limits that guaranty assures, be assured advocate the sort of creditor ' s rights and amount, debtor performs the time of debt
企業動產抵押登記的主要事項包括:抵押人,抵押權人,低押合同,抵押物的名稱、數量和價格,抵押擔保的范圍,被擔保的主債權的種類和數額,債務人履行債務的期限。Article 47 if the mortgaged property is seized by a people ' s court because of the debtor ' s failure to perform his obligation prior to the maturity of the debt, the mortgagee shall, from the date of seizure, be entitled to collect the natural fruits severed from the mortgaged property and the legal fruits which the mortgagor may collect from the mortgaged property
第四十七條債務履行期屆滿,債務人不履行債務致使抵押物被人民法院依法扣押的,自扣押之日起抵押權人有權收取由抵押物分離的天然孳息以及抵押人就抵押物可以收取的法定孳息。In our country, separate succession amortization procedure should be created which is based on the heir and the claimant, and which is operated with the manager ' s application or after facts are found out by courts n litigation. after the procedure is operated, the court makes a public declaration urging the claimant to apply for creditors rights and the debtor to perform his debita. applied obligation should be enrolled by courts
激啟動後由法院腦公告,催促債權人申報債權債務人履行債務,申報的債權主法院登記,遺產債權在支付繼承費用后按優先覦,工資和攤費用、漱,普通債權,罰金(罰款) , ) j販子以雕,不臊償的,同一按比例清償。If the party who leaves the deposit defaults, he shall not be entitled to demand the return of the deposit ; if the party who accepts the deposit defaults, he shall repay the deposit in double
債務人履行債務后,定金應當抵作價款或者收回。給付定金的一方不履行債務的,無權要求返還定金接受定金的一方不履行債務的,應當雙倍返還定金。If the creditor and the debtor fail to stipulate the same in the contract, the creditor shall, after taking possession of the debtor ' s property, fix a time limit of two months or more and notify the debtor to perform his obligation within such time limit
債權人與債務人在合同中未約定的,債權人留置債務人財產后,應當確定兩個月以上的期限,通知債務人在該期限內履行債務。分享友人