Realization Of Right Of Datio In Solutum Reservation Of Real Estate

Datio in solutum reservation of real estate means in the real estate debt disputes, both parties agreed in advance if unable to repay maturing debt will real estate debt contract in some way. Our country academia has not yet come to a unified conclusion whether the datio in solutum reservation is effective because of the diversity of the contract content and the applicable legal problem. In legal practice, our country’s courts have different views on the datio in solutum reservation of real estate; it is difficult to reach agreement on the ownership of real estate and the validity of the contract particularly. This paper will analyze the foundation of datio in solutum reservation of real estate, and put forward the corresponding legislative suggestion.This article is divided into five parts:The first part analyzes the basic concepts and characteristics of the datio in solutum reservation, and summary of the validity in the main academic point of view and judicial practice. In the second part, according to the special nature of datio in solutum reservation of real estat, and compared with the similar system to analysis of the system structure. The third part compares the related legislation in Germany, Japan and Taiwan area from the perspective of comparative law, and analyzes the advantages and disadvantages of several systems. The fourth part, through analysis fluidity contract and priority of real right, get result of the effective way to solve the Datio in solutum reservation of real estate,namely, the model of "Secured Creditors" and "real right to guarantee". In the fifth part, according to analysis the background and applicable law of datio in solutum reservation of real estate, and put forward legislative suggestions based on the existing legal system in China,namely, "open public entrance" and "the quasi system export"...