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Jin

Die Übertragbarkeit der deutschen Vollstreckungsgegenklage in das chinesische Zivilprozessrecht

Nomos,  2019, 275 Pages

ISBN 978-3-8487-5493-9


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englischThe action of objecting to a claim that is being enforced (§ 767 ZPO) serves as preventive debtor protection. In German civil procedure law, the provision of this action dates back to the CPO 1877. However, a corresponding action is still lacking in Chinese civil procedure law. Only since 2015 has a debtor been able to assert his substantive objections by way of reminder and immediate complaint before enforcement agencies. However, this form of legal protection does not guarantee a correct decision. Furthermore, this preclusion (see § 767 (2) ZPO) in Chinese law extends to enforceable notarial documents that have no res judicata. In this study, the author therefore proposes implementing the German action of objecting to a claim that is being enforced into Chinese civil procedure law.