debtor and creditor 中文意思是什麼
debtor and creditor
解釋
債務人與債權人-
A notice by the obligee to assign its rights shall not be revoked, unless such revocation is consented to by the assignee. " combined with the author ' s own practice, this article discusses when conveying creditor ' s rights, if the debtee does not perform obligations to inform the debtor, afterwards obtains the transferee ' s written notice with the debtor ' s signature and affirmance, the conveyance is not absolutely invalid, as long as the transferee identifies the conveyance
文章結合作者自身實踐，論述了在債權轉讓中，債權人未履行通知債務人的義務，但事後經受讓人書面通知，債務人簽字確認的，只要受讓人能夠證明轉讓行為確實存在，該轉讓並非對債務人絕對無效。 -
1984 latin american countries held the cartagena conference and established a dialogue organ between debtor nations and creditor nations. this was their joint action for postponing their tremendous debt payments
拉美國家舉行卡塔赫納會議，建立了一個債權國與債務國的對話機構。這是拉美國家為拖延償還巨額債務的聯合行動。 -
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。 -
The withdrawal right of a debtee, also known as the right of charge withdrawal, is the right that the creditor possesses, when the original debtor has relinquished a creditor ' s right to a third debtor and implemented unconditional or low - condition policies towards the amount owed which in turn infringes the rights of the original creditor, to request the court to revoke and withdraw the actions of the debtor
所謂債權人的撤消權，又稱罷訴權，是指當債務人放棄第三人的債權，實施無償或低價處分財產的行為而有害於債權人的債權時，債權人可以請求法院撤銷債務人的行為。 -
It concludes that the realization of creditor ' s subrogation must follow the proceeding procedures ; the debtor is the third party without independent request right ; the object of creditor ' s subrogation is determined by the aim expansion method according to the legislation principle ; the creditor should quote to prove the existence of mature creditor ' s right between the creditor and sub - creditor apart from the quoting to prove the relationship as debtor and debtee ; and it is emphasized that the debtor is liable to cooperate to the quoting to prove the related facts ; the principle for the debtee to exercise the subrogation is the direct one
認為債權人代位權的實現必須經過訴訟程序；債務人在代位權訴訟中為無獨立請求權的第三人；債權人代位權的客體圍繞立法宗旨採取目的擴張的方法確定；債權人除舉證證明其與債務人存在債權債務關系外，還要舉證證明債務人與次債務人存有到期債權，並強調債務人對相關事實負有配合舉證責任；債權人行使代位權的受償原則為直接受償原則。 -
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。 -
The debtor or the third party mentioned in the proceeding paragraph shall be the pledgor, the creditor shall be the pledgee, and the movables transferred shall be the pledged property
前款規定的債務人或者第三人為出質人，債權人為質權人，移交的動產為質物。 -
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。 -
In order to perfect our country ' s legislation in civil law, the author has an idea that we should add the general regulations on the contract benefited to the third party to our country ' s code of civil - law. the third party should be acknowledged as the independent creditor and be entitled to the rights of direct claim to debtor
為完善我國有關的民事立法，筆者認為我國應在即將制定的民法典中確立為第三人利益合同的一般規則，賦予第三人對債務人獨立的請求權，確立第三人獨立的債權人地位。 -
If a creditor has petitioned for the bankruptcy liquidation of the debtor, the debtor or an investor whose capital contribution accounts for 10 % or more of the debtor ' s registered capital may, during the period between the people ' s court ' s acceptance of the bankruptcy petition and the declaration of the bankruptcy of the debtor, petition the people ' s court for restructuring
債權人申請對債務人進行破產清算的，在人民法院受理破產申請后、宣告債務人破產前，債務人或者出資額占債務人注冊資本十分之一以上的出資人，可以向人民法院申請重整。 -
Primarily, the banker - customer relationship is that of debtor and creditor - - who is which depending on whether the customer ' s account is in credit or is overdrawn
銀行與儲戶的關系主要是債務人和債權人的關系。究竟誰是債務人誰是債權人，要看儲戶是有結余還是透支。 -
According to modern taxation law thesis, the relationship between the nation and the taxpayer is a legal relationship of debtor and creditor, the taxpayer - being the debtor has the obligation to file the tax report and declare the amount of tax due
按照現代稅收債務法律關系學說，稅收債務依課稅要素的滿足而成立，納稅義務人有按照稅法規定辦理納稅申報，宣示其具體納稅義務量的義務。 -
System of repeal rights in bankruptcy is the valid means which protect the legitimate civil rights of debtor and creditor, but there is difference in our corporate bankruptcy law ( trial implementation ) and bankruptcy law ( craft ), which will confuse the law worker and the law learner
然而，時至今日我國現行的《中華人民共和國企業破產法》 （試行） （以下簡稱破產法）中仍沒有對此作出規定，這在破產法有效保護債權人利益的時候削弱了對債務人的保護，已經不能吻合破產法的發展要求了。 -
I now began to consider seriously my condition, and the circumstance i was reduc d to, and i drew up the state of my affairs in writing, not so much to leave them to any that were to come after me, for i was like to have but few heirs, as to deliver my thoughts from daily poring upon them, and afflicting my mind ; and as my reason began now to master my despondency, i began to comfort my self as well as i could, and to set the good against the evil, that i might have something to distinguish my case from worse, and i stated it very impartially, like debtor and creditor, the comforts i enjoy d, against the miseries i suffer d, thus,
我開始認真地考慮自己所處的境遇和環境，並把每天的經歷用筆詳細地記錄下來。我這樣做，並不是為了留給後人看，因為我相信，在我之後，不會有多少人上這荒島來我這樣做，只是為了抒發胸中的心事，每日可以瀏覽，聊以自慰。現在，我已開始振作起來，不再灰心喪氣，因此，我盡量自勉自慰。 -
More detailed, consumer credit contract, the particular form of contract, is an agreement, agreed on by the consumer as the debtor and the finance house or the seller as the creditor, that the creditor offers certain credit to the debtor
文章認為，消費信用合同是合同的一種特殊形式，它是由消費者作為信用受予人和金融機構或銷售商等信用授予人簽訂的由信用授予人授予消費者一定信用的協議。 -
However, the system of composition with creditors and the system of reorganization concern the harmony of creditor interests and debtor interests more. the aim of them is to prevent bankruptcy which could bring great loss to creditor and debtor and even cause economic crisis
而破產和解與重整制度在調協債權人與債務人的基礎上，預防債務人的破產導致債務人、債權人的利益遭受損失，甚至導致經濟危機而引起社會的震蕩。 -
First, the author discusses in details the conditions to win in the subrogating action, that is the foundation of subrogating rights, in four aspects from the viewpoint of should - be, and makes suggestions to revise article 11 and article 13 of the interpretation of contract code on the basis of evaluation and analysis on them, then, the author discusses the problems regarding to jurisdiction, holding that the jurisdiction stipulated in article 14 of the interpretation of contract code is a general regional jurisdiction in nature, the debtor and the secondary debtor cannot conclude agreements on jurisdiction and the arbitrational clause between them cannot prevent the creditor from putting forward a subrogating action
首先，從應然角度對代位訴訟勝訴的條件之一? ?代位權的成就從四個方面作了詳細論述，並對《合同法解釋》第11條、第13條作了評析，提出了修改建議。其次，討論了與管轄有關的問題。認為《合同法解釋》第14條規定的代位訴訟管轄性質是一般地域管轄；債權人和次債務人之間不能約定管轄；債務人和次債務人之間的仲裁條款不能阻卻債權人提起代位訴訟。 -
This thesis is divided into five parts. in the first part, through the comparison between mortgage and the pledge rights, and drawing lessons from wang limin ( professor of china people ' s university ) ' s idea, the author gives a definition to the pledge rights : it ' s the rights that when the debtor does n ' t fulfill his obligation, the creditor can be given the legal rights to take possession of a house or some other property as a security for payment of money lent. then the author makes further explanation to the pledge rights from the which analyzes the legal meaning of returing the security wantonly, although the supreme court made it clear that " after the creditor returned the security to the debtor, and comfronts the third person based on the pledge rights, the court will not support it ", thecourt did n ' t explicit whether the pledge rights dies out or is invalid. the author poses out when in this situation, the pledge rights dies out
如在論述動產質權實現條件時，分析了我國《擔保法》第七十一條的不足之處並提出了自己的見解：職權人只能在非自身的原因未能受到清償時才能實現其質權；質權實現時質物價值超過約定價值的部分應歸出質人所有；而質權人怠於行使質權而使質物價值下跌的，質權人應承擔賠償責任。再如在分析任意返還質。物的法律意義時，針對最高人民法院盡管在其司法解釋中明確了「質權人將質物返i 」 a碩士學住論文v不示yw訂比』 sn正狠還于出質人後，以其質權對抗第三人的，人民法院不予支持」 ，但沒有明確此種情況下，質權是消滅還是無效的缺陷，筆者提出了質權人將質物返還于出質人或質物所有人的質權消滅的觀點。 -
Joint debts mean that, if there are more than one creditor or debtor, each creditor is obliged to request the debtor ( s ) to pay back all liabilities, and vice versa, each debtor bears the full debt liabilities and is also responsible for the debts terminated after one - off payment
連帶之債指債權人或者債務人有數人時，各債權人均有權請求債務人履行全部債務，各債務人均負有全部給付的債務，且全部債權債務因一次全部給付而歸于消滅的債。
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