On The Debt Relief

Paying the debt by a thing is a way of paying off debts by a different kind of payment of object instead of the original one which exposes in judicial practices. As there is no express term of paying the debt by a thing in the law of China, paying the debt by a thing is being wilfully used in the field of judicial practices without useful approaches to avoid this. There are indeed many examples of false lawsuit these years. This article defines paying the debt by a thing as a big generalized concept and introduces five related concepts--datio in solutum, liquid mortgage, change of the debt, eliminating the debt by a new debt and transferring guarantee which are easy to be confused with and connected to paying the debt by a thing, viewing them as paying the debt by a thing under different kinds of conditions to define the nature and legal effect of paying the debt by a thing. Then the author analyze the two cases mentioned in the introduction part according to the viewpoint above. Then this article also gives the cause of paying the debt by a thing and the advices about how to regulate paying the debt by a thing and false lawsuits.