중국 집행화해계약의 효력 및 구제조치에 관한 연구

The Execution Settlement Contract means a system in civil enforcement procedure which is i) based on the voluntary and equal consultation by the parties, ii) a consent on the subject who exercises the rights of execution applicant(the creditor) and the obligations of respondent(the debtor), duration, manner and contents, iii) an agreement on the suspension of execution and iv) a conclusion of execution of the original judgement by the satisfaction of the performance. There are two major problems surrounding the Execution Settlement Contract in enforcement procedure; a) The creditor can file a suit seeking the implementation of the contract only when the time limit for application for the execution of the original judgment have passed. Debtors often take advantage of this restriction and abuse this contract as the method for property concealment. b) On the other hand, methods for debtor's relief in the course of enforcement are not sufficient too. To solve above problems, on the one hand, the creditors should be able to file a litigation seeking the implementation of the Execution Settlement Contract disregarding the time limitations for application of the execution of the original judgement. On the other hand, the Vollstreckungsgegenklage should be established for debtor's relief. In addition, the establishment of execution suspension system which can be initiated by debtor's application on the basis of the existence of Execution Settlement Contract would be desirable for further relief. In addition, extending the time limit for application of the execution is a candidate for the settlement contract in enforcement procedure.