Study On Solution Contract

A solutio contract is a consensus entered into with the creditor when the debtor or a third party desires to answer for an antecedent obligation with a prestation which differs from the subject matter of the obligation. Datio in solutum and datio in solutionis causa are typical solutio contracts under which the parties do not burden with any obligations. A typical solutio contract goes into effect when the prestation concerned is actually carried out. In order to fulfill an antecedent obligation, the debtor or a third party could conclude with the creditor a binding consensual contract under which he shoulder a new obligation of carrying out a different new prestation. The consensus about the cause of the future-made prestation incorporated in the consensual contract is a solutio contract as well. A solutio contract is the consensus of solvendi causa about a disposal juristic act which is different from the subject matter of the antecedent obligation by nature. It is a real contract which becomes effective when the agreed prestation is executed.Normally, when the debtor or a third party performs in accordance with the contract, although there could be an express or implied consensus of solvendi causa about the prestation executed between the performer and the creditor, it is not the consensus but the performer's express or implied determination of the cause of the perstation executed essential to solutio.As to issuing or indorsing an instrument to fulfill an antecedent obligation, the widely accepted believing of instrument precontract is a real contract under which thedebtor or a third party commits to the obligation of issuing or indorsing an instrument in essence. It is not essential to the practice of transaction. A solutio contract on an instrument is reached when the performer issues or indorses an instrument to fulfill an antecedent obligation. It could be datio in solutum or datio slutionis causa, and when the intention of the parties' is vague, the latter should be presumed. The underlying obligation is affected through the contract by the juristic acts on the instrument, and the creditor should exercise his rights according to the contract.A datio in solutum contract isn't a juristic act of increasing the parties' property, so it has nothing to do with the matters of causativeness or onerousness. If the subject matter delivered under the solution contract is defective, the creditor could cancel the contract, but the antecedent obligation can not be revived. The creditor could also cancel the contract from which the antecedent obligation arises. When the subject matter of the performance made by a third party is defective, it needs to be further studied whether or not the third party should burden the liability of warrant of defects.