Research On The Rights Conflict And Resolution In The Process Of Paying The Debt By A Thing

Paying the debt by a thing is widely used in Judicial practice as a method of debt elimination. When the debtor is unable to meet debt payments according to the original content, paying the debt by a thing provide the debtor an easy way to get rid of the debt and makes claims of creditors can be achieved. So this way is widely used in judicial practice. But different subject and debtor misconduct often lead to interests conflict between parties involved in this process. And China’s "Civil Law", "Contract Law" do not contain the relevant provisions of paying the debt by a thing and the existed rules are imperfect. The research of interests conflict on paying the debt by a thing and relevant methods will help to improve the relevant legal rules and provide useful lessons for judicial practice.This paper has three parts, except introduction and conclusion. The first part generally introduces paying the debt by a thing, gives the definition and significance of this system. In the process of explaining the concept, the distinction between mandatory and freewill paying the debt by a thing is revealed, so that the latter separated from the scope of this study, so that the scope of this paper is more clear. The second part describe the performance of paying the debt by a thing and the situation of legal rules. Different types of interests conflict and related legal rules are showed according to different parties involved. The third part studies the problems and solutions. This part is the most important part. Effective measures are proposed by pointing out imperfections of the rule of law in resolving interest conflicts on paying the debt by a thing.