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基于鼓励交易、保护财产交易动态安全和善意无过失的债务人的目的,应当承认债务人对债权准占有人的给付可获得与对真正债权人的给付同一的有效清偿效力,但为平衡权利和义务、利益和责任,又需要对这种认定做严格的要件限制,只有符合一定的构成要件,才能发生债务人对债权准占有人的给付为有效清偿的效力,从而引起债务人与真正债权人之间债的关系的消灭等效果。
For the purpose of encouraging transactions, protecting the dynamic security of property transactions and being good and faultless debtors, it should be recognized that the debtor should have the same effective liquidation effect as the payment to the real creditors, but to balance the rights and obligations, the interests And responsibilities, but also need to make such a qualification as a strict restriction, only in line with certain elements in order to occur to the debtor of the effective payment of the creditor’s right to pay the effectiveness of the debt arising from the debtor and the real creditors Eliminate other effects.