Legal Device Of Acceptance In The Fulfillment

In Our social life and judicial practice, paying the debt in kind is a measure developed in judicial practice, analyzing theoretically in law, it can correspond with Legal device of acceptance in the fulfillment. But on the contrary, Chinese civil law and contract law does not regulate such contracts, it just a theory exists in the concept and legal phenomenon. Owing to the lack of theoretical research and the support of legal norms regulation, in judicial practice, the court hold different opinions on the kind assets paying contracts, mostly they regard kind assets paying contracts as datio in solutum, debt changes, fluidity contract, or flow of fluids contract. As a result, it leads to different judgment on the similar cases.This paper is composed of three parts.The writer is meant to studying the Legal device of acceptance in the fulfillment systematically, and link to the dispute cases of the Legal device of acceptance in the fulfillment in the judicial practice, finding the problem, solving the problem to properly grasp the legal consequences, in order to correctly guide the issue of the Legal device of acceptance in the fulfillment.In author’s opinion, the paying-a-debt-in-kind-assets is a fairly unique legal phenomenon, the difference between datio in solutum, debt changes, fluidity contract, or flow of fluids contract is distinct, most of them does not exist the overlap. In the background, this paper embarks from the basic theory of civil law, according to a debt of different time stages and the actual performance of the different situations, According to our country present civil laws and regulations, explain this phenomenon, in order to systematically clarify the theory of the paying-a-debt-in-kind-assets.The first part mainly discusses the theory of the paying-a-debt-in-kind-assets, embarking on the definition of the paying-a-debt-in-kind-assets, and concludes that its essence lies in that it is a measure of paying off the debts by replacing the original bids by other bids. In this way, the paying-a-debt-in-kind-assets includes many kinds of situation, we classified the Phenomenon according to the stage, the condition of fulfillment.The second part export problems by the way of interpreting the practice of case in a debt agreement content different verdict, namely the current judicial practice in the nature of the debt agreement that opinions vary, through analyzing case, it can be concluded that the current judicial practice often confused with datio in solutum, debt changes, fluidity contract, or flow of fluids contract. In this part, the author mainly mean to distinguish it among such legal concepts. the paying-a-debt-in-kind-assets shall be regarded as an independent special legal system, Therefore, it is very important to make sure the boundary of paying-a-debt-in-kind-assets, datio in solutum, debt changes, fluidity contract, flow of fluids contract.Based on the second part of the article, the third part mainly discuss the problem of the paying-a-debt-in-kind-assets fulfillment, the first problem is how to regard the if the kind assets paying contracts has not been fulfilled,how to deal with it ? And when the party fail to fulfill the debt perfectly, how to deal with it? The above problems will be discussed in the third part of the paper.