On the issue of the right of defence, defences and the right of defence

I think that instead of looking at so much of what the above person told you and being dazzled, it is better to try to find these words one by one and compare them, so that you can see better and understand better. If others can find it, you should be able to do it yourself, after all, it is your own topic, and you know better than anyone else what you are looking for.

Legal analysis: the defense and the right of defense have different legal connotations: the former sometimes refers to all defense claims, and sometimes specifically refers to the objection raised that the claim does not exist or has been extinguished, that is, the factual defense; The latter takes the right of claim as the premise for the creation and exercise of the right of claim, and the goal is to oppose the right of claim, which is often characterized by "refusal to pay".

Strictly defining the legal definition of defense and the right to defense, and analyzing the differences and connections between the two, is not only a requirement for theoretical construction, but will also have a significant impact on trial practice.

The right of defense is the right of confrontation of the right of claim, and its confrontation content is reflected in the fact that although the right of claim of the other party exists, it enjoys the right to refuse payment according to the right of defense. For example, in a contract without a sequential order of performance, both parties' right to request performance has arisen when the time limit for performance of the contract has arrived, but either party may refuse to pay the corresponding payment before the other party fails to perform on the basis of the defense of simultaneous performance.

2. There is a difference in whether the parties need to assert their own claims. In litigation, the defense of fact does not need to be asserted by the parties, and the judge can take the initiative to invoke it. The right of defense needs to be asserted by the parties themselves, and the judge cannot take the initiative to invoke it.

Legal basis: Civil Code of the People's Republic of China

Article 525:Where the parties owe debts to each other and there is no order of performance, they shall be performed at the same time. One party has the right to refuse its request for performance before the other party performs. One party has the right to refuse its corresponding performance request when the other party's performance of the debt does not conform to the agreement.

Article 526:Where the parties owe debts to each other in a sequential order, and the party that should perform the debt first fails to perform, the party that performs later has the right to refuse its request for performance. If the performance of the obligations of the party performing first does not conform to the agreement, the party performing later has the right to refuse its corresponding performance request.

Article 527:A party that should first perform a debt may suspend performance if there is definite evidence to prove that the other party has any of the following circumstances:

1) Serious deterioration of business conditions;

2) Transferring property or evading funds in order to evade debts;

3) loss of business reputation;

4) There are other circumstances in which the ability to perform debts is lost or may be lost.

Where a party has no definite evidence to suspend performance, it shall bear liability for breach of contract.

According to the laws of our country, the right of defense mainly refers to the right of confrontation that hinders the exercise of rights by others, and there are the right to perform the defense at the same time, the right to perform the defense first, and the right to defend against anxiety.

The right of simultaneous performance of the defense refers to the simultaneous performance of the right of defense when the parties owe debts to each other and do not perform the order of the limbs in succession. The right to defend first performance means that if the parties owe debts to each other and there is a sequence of performance, if the party that should perform the debt first fails to perform, the party that performs later has the right to refuse its request for performance.

Other laws and regulations, etc. There are many defenses in civil law, such as the right to perform the defense at the same time, the right to perform the defense later, the right to defend against uneasiness, the right to defend in the first instance, the right to extinguish the statute of limitations, etc., which have their own characteristics in addition to the general characteristics of civil rights.

At the same time, the right of defense is exercised. Where the parties bear each other's due debts, and there is no order of performance, they shall be performed at the same time. One party has the right to refuse its performance request before the other party's performance, and one party has the right to refuse its corresponding performance request when the other party's performance of the debt does not conform to the agreement.

After the statutory conditions for the performance of the right of defence

1. It must be a two-way contract.

2. There is a sequence of performance of contract debts. The order of performance may be determined according to the agreement of the parties, laws and regulations, or trading customs.

3. The party that performs the obligation first does not perform the debt or the performance of the debt does not conform to the agreement.

The right of defence, also known as the right of opposition, generally refers to the right to oppose the right to claim against the unscrupulous party. The function of the right of defense is usually to delay the exercise of the right of claim or to extinguish the right of claim.

The right of defense generally arises when it is attached to the right of claim, and if the right of the other party's claim is legally established, then the right of defense is also legally established. If the other party's right to claim is not legitimate, then there is no need to exercise the right of defence.

[Legal basis].Article 548 of the Civil Code of the People's Republic of China: After the debtor receives the notice of assignment of creditor's rights, the debtor may assert against the assignee the defense of the assignor.

Article 527: [Right to Defend Against Uneasiness]A party who should perform a debt first may suspend performance if there is conclusive evidence to prove that the other party has any of the following circumstances: (1) the business situation has seriously deteriorated; (2) Transferring property or evading funds to evade debts; 3) loss of business reputation; 4) There are other circumstances in which the ability to perform debts is lost or may be lost. Where a party has no definite evidence to suspend performance, it shall bear liability for breach of contract.