On the Limitation of Litigability of Enforcing Settlement Agreement
The fundamental problem with the"all-or-nothing"debate on the litigability of enforcing settlement agreement is that they have ignored the limited litigability.This"limitation"is embodied in limited types,limited foundations,and limited review.The improvement of the litigability of enforcing settlement agreement must focus and insist on its"limitation":Limit the performance period and the number of changes,the prosecution of this type of case does not apply to the registration system because it is not an"initial dispute",it is forbidden to directly endow the enforcement of settlement agreement with enforcement power without trial procedures.Only in this way can the case be truly"closed"so as to achieve a balance between the autonomy of private rights and the review of public rights and does not violate the legal principle and reform direction of"separation of trial and enforcement".
enforcing settlement agreementlimitation of litigabilitylimited typeslimited foundationslimited review
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