Die Übertragbarkeit der deutschen Vollstreckungsgegenklage in das chinesische Zivilprozessrecht

The 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.