On Debt Relief

Unlike substituted contract, the paying-a-debt-in-kind-assets is a kind of civil juristic act which pay off the original debt with substitutes. It includes burden action and disposition action, together the original debt can be perished. According to difference effect between request and domain in burden action and disposition action, the paying-a-debt-in-kind-assets can be divided into burden action stage and disposition act stage. The kind assets paying contract and indirect paying contract are in the burden action stage. Datio in solutum are in the disposition act stage. In legal practice, settlement agreement, conciliation agreement,and the paying-a-debt-in-kind assets by judgment, impose a burden, thus they can be ranged into burden action stage; There is only substitute prestation problems in forcible execution, thus it cane be ranged into disposition act stage.In the paying-a-debt-in-kind-assets of burden action stage, kind assets paying contract is a creditor’s rights contract, indirect paying contract is a real contract, they are different between definition, characteristic, liability form, whether reservation contract can be set and whether substitutes they provided converted into cash when discharge the original debt。The settlement agreement and conciliation agreement are creditor’s rights contract, meanwhile can be transferred into an effective legal document (mediation decision). The paying-a-debt-in-kind assets by judgment bases on contract, need to distinguish between disposition judgment and the else. They are different in fulfillment and remedies of the paying-a-debt-in-kind-assets.In paying-a-debt-in-kind-assets of disposition action stage, datio in solutum is a real contract, and different from fluidity contract. And because it is a nude contract, the Goodwill Acquisition System can not be used. Forcible execution based in debt of public law, the original debt will not be perished until hand over substitutes.