判决后达成的还款协议可诉性分析

An Analysis of Prosecutability on th e Debt Repayment Agreement Concluded after the Court Decision

当事人就判决后达成的还款协议再行起诉的,法院应即驳回起诉。对于在申请执行期限内达成的“还款协议”,应类推适用执行和解协议的相关规定,即申请执行期限中止。对于在申请执行期限外达成的“还款协议”,应当通过立法承认,此协议恢复了原债权的执行力。

When the parties prosecute on the deb t repayment agreement concluded after the court decision is made,the court should re ject it immediately.As for the agreement that the parties con-clude in the period of applying for th e enforcement of it,some related pro visions on the enforcement of conciliatory agreement should be effected by analogy.That is,an applic ation is to be made for a deadline discontinuance.The above agreement concluded after the deadl ine is to be admitted through legislature.The enforcement of the first agreement succeeds in restoring the force of the original creditor's rights.