论同时履行判决.pdfVIP

次是同时履行判决的上诉问题，主要探讨当事人的上诉利益及上诉效力范围；最后是作 为附条件执行根据的同时履行判决所面临的特殊的执行问题，包括其所附条件在执行程 序中的效力、执行中条件成就的审查形式、申请执行的期限问题。 关键词：同时履行判决；同时履行抗辩权；辩论主义；附条件执行根据 2 万方数据 Abstract The civil litigation process is regarded as the field of the combination of civil substantive law and civil procedure law.Therefore,the design of civil litigation system must consider the convergence of substantive law and procedural law.While ignoring the substantive law provides that the litigation system designed from the point of view of the litigation law may make the substantive law become the text,and the purpose of the litigation procedure itself can not be realized.The judgment of simultaneous performance in this article is the result of the convergence of substantive law and procedural law,its research is inseparable from the analysis of the right defense right of simultaneous performance in substantive rights.In particular terms,the judgment of simultaneous performance is the result of the exercise of the right of plea by the party (the defendant) in the payment of the action.The judgment of simultaneous performance in nature is a result that the court recognized the defense right of simultaneous.Functionally,it can solve the dispute at one time,reduce the cost of litigation,and can achieve the defense right of simultaneous performance in the substantive lawto avoid credit grant and increase the implementation of incentives function.Outside the domain,Germany through the legislation expressly stipulates the judgment of simultaneous performance,and our Taiwan region and Japan through the jurisprudence establishes the judgment of simultaneous performance.Un