A Research On The “Datio In Solutum” Legal System

The legal system of “datio in solutum” has not been established in China, but ca ses related to “datio in solutum” is not uncommon in judicial practice, a unified legal system is really needed. The main civil law countries or regions such as Germany, J apan, Chinese Taiwan have good legal system on “datio in solutum”, they provide reference fo r China to establish the legal system. “datio in solutum” is also a academia hot topic in recent years, the mainly controversies are about the nature and the efficacy of “da tio in solutum”, the traditional view is that “datio in solutum” is a real contract, but with the development of society, this view has gradually become obsolete, so this arti cle discuss on a view that “datio in solutum” is a consensual contract.besides,this arti cle also discuss about the specific content of “datio in solutum” legal system.Firstly, two typical cases which related to “datio in solutum” are provided, both t he two cases retrialed by the Supreme Court of China, but the verdicts are different, i n practice,cases which involve in “datio in solutum” are countless generations, but bec ause of the “datio in solutum” legal system has not yet established in China, there is no unified decision standard. Second, this article discuss about the definition and nat ure of “datio in solutum”, but there are some different views about the definition an d nature. The mainly controversies are as follow: the “datio in solutum” is just a sati sfaction behavior or a contract; it is a real contract or a consensual contract;The contr act is payed or not : it is abstract or not, through discussing about these questions,the exactly definition may be found. Moreover, this article compare “datio in solutum” with other legal systems,like variation of debt.after that,this article discuss about the e stablishment of the “datio in solutum” legal system in China, It contents the elements and the legal relationship of “datio in solutum”. Apart from that, this article also dis cuss some specific issues about “datio in solutum”.All of these discussion are in order to build a perfect legal system. At the end of this article, the positions of “datio in solutum” legal system in present civil law and future civil law code are been consid ered.