浅论合同履行中提存.pdfVIP

Abstract According to theContract Law”Article 1 0 1-1 04 of the provisions of the escrow system performance of the contract is due to a creditor that the debtor unjustified refusal to take delivery of the subject matter of the contract can not be delivered to him，the debtor through escrow department will be the subject matter escrow system to eliminate the contractual relationship．Provision of Civil Law clearly stipulates the legal way to eliminate debt and，therefore，establish and improve the performance of the contract in escrow system is the inevitable requirement of the law of obligations。Meanwhile，the performance of the contract in escrow system as a way of safeguarding the interests of the debtor,the debtor seeks to fulfill the debt can not be freed from the bondage between the debts of both parties to find a balance between the interests of legal entities finally reached of faimess and justice，but also help to improve the economic society． However,due to the relatively limited scope of the relationship between social contract to perform the actual adjustment in escrow system，research scholar in performance of the contract in the escrow system level needs further theoretical research，procedures，aspects of nature and escrow agencies settings theorists from different perspectives， it is difficult to reach consensus view,study abroad in Taiwan，China and the relevant legislation in this area is relatively mature in terms of our country,there are some legislative 1deas and specific legal regime IS ● ‘一 - ● ● ’ worthy of our country and learn，which is China’S legislature also has a II profound meaning．propose appropriate measures on legislative issues put forward some practical suggestions on specific performance of the contract law of escrow procedures，escrow agencies and SO on． Key words：escrow contract performance creditor debtor contract Law III 目 录 摘要?????????????????I ABSTRACT????????????????II 引言?????????????????1，l i ???????上 一、研究背景及理论意义???????????．1 二、国内外研究动