抵销权研究-民商法学专业论文.docx

PAGE PAGE 3 ABSTRACT Article Ninety-nine and Article One Hundred of the PRC Contract Law have generally regulated the terms of legal set-off and agreed off-set between which and the counterpart regulations in developed countries big discrepancies exist. Theγare not able to meet the practical needs of the development of our count时s high-speed economγand financial environment. Chinas civil proceeding rules have not regulated specificallγthe off-set rights implementation which imposed further limitation thereto. In view of this，this article made the following analysis and discussion in respect ofthe off-set rightssystem: The first chapter is the general overview of the off-set rule. This chapter mainlγ introduces the definition and classification of the off-set rule. The author analyzed the way in how to exercise the off-set rights and discussed the practical significance of off-set rights， the properties and values ofthe off-set rights ìn the proceedings have also been discussed. The second chapter introduces the overseas study in relation to the off-set rights system . The author has made an research on the off-set rules in developed countries and ;ntroduced the conditions and ways in 0仔-set rights exercise in common law countries such as Britain and the United States. As to those civillaw countries，the author has analyzed the conditions and ways in off-set rights exercise in Germany and French and the practical significance thereof. The third chapter described the status quo of the off-set rights system in our count刊 and the existing problems. The author has presented our countrys legislation and practice regarding the off-set rights. The legislation in country is relatively scattered and the regulations of the 0忏-set rights exist decentralized in the form of judicial interpretations and even administrative regulations which may increase more difficulties in protecting the legitimate rights of the pa内ies during the judges interpretation. There is no specific re