论文部分内容阅读
提存制度产生久远,最早诞生于罗马法。提存制度产生的目的是为偿还债务,提存制度在我国民法债务中起着及其重要的作用,但随着社会的矛盾产生,我国的提存制度存在着很多的问题,导致经济流转和交易不方便。提存制度虽然在我国的合同法和物权法上都有提及到,但是在法律上解释上较为广泛,不细致,概念模糊,在一些民事债务处理中仍存在一些无法可依的状况,提存制度上有待进一步完善。我国需要根据提存制度现存的问题进一步改善和完善,及时解决提存制度上立法的问题。
Depository system has a long history, the earliest was born in Rome law. The purpose of deposit system is to repay debts. Deposit system plays an important role in civil law debts in our country. However, with the contradictions in society, there are many problems in deposit system in our country, which leads to the inconvenience of economic transfer and transaction . Although the deposit system is mentioned in both the contract law and property law in our country, it is more extensive, less detailed and vague in its legal interpretation. There are still some unreliable conditions in the handling of some civil debts. The deposit system Need to be further improved. China needs to further improve and perfect its existing problems based on the deposit-taking system and promptly resolve the issue of legislation on the deposit-taking system.