The Legal Nature Of Commodity Sale As A Substitute For Paying Loan

In the market trading activities,formal financial institutions are difficult to meet a large number of financial needs,therefore,in recent years,the private lending market has become very active.Compared with the traditional financial institutions,private lending has a strong convenience and maneuverability.However,due to the recent rise of the private lending market,the relevant laws and regulations are not yet perfect,among which there are a lot of transaction risk and financing disputes,the most typical of which is that in the lending relationship,the debt fulfillment period expires,the debtor is unable to pay off the debt phenomenon.At this point,the signing of the debt agreement to become the protection of both legitimate rights and interests of the debt and the main form of debt,in the debt agreement,the parties or directly agreed to substitute with the original payment to cancel the debt,or to sign the sale of the contract In the form of a guarantee for the performance of the debt,or the direct transfer of the subject matter and agreed to repurchase the terms,but due to the legal awareness of the parties or other reasons,the contract is not clear,the agreement can not properly perform the situation has occurred,has become a difficult judicial decision.Throughout the civil and commercial affairs of the debt dispute,in the non-traditional sense of simple civil cases,debt items are generally valuable real estate,and the case complex.Because of the fact that there is no relevant provisions in our country's civil law,there are different views on the nature and the effect of the settlement,and the academic circles have not yet formed a unified view.The lack of legal rules has brought great trouble to the judicial practice,for the nature of the debt,the court is also no agreement,the same case of different sentiment is not uncommon,even in the Supreme People's Court level,there have been different views of the referee.In recent years,the Supreme People's Court began to use the academic point of view to define the legal nature of the debt agreement,such as the settlement of goods and their physical properties,which to some extent reflects the progress of the judiciary and forward-looking,but also derivative out of a series of legal issues.In our country,the interpretation of the theory of law belongs to the domain without the right to explain the case,the judicial practice of direct reference to the academic point of view as a legal basis for the judgment of the case,whether it has a legitimate legal basis for the argument that the remaining controversy,The emergence of new legal issues,these are not yet known.In view of this,based on the authority and guidance of the judgment of the Supreme People's Court,this paper,on the basis of sorting and analyzing the case of the Supreme People's Court,which is typical of the case of debt forgiveness,sums up and summarizes several common identification forms,including the settlement of goods,concessions,fluid contract and debt changes,and its a more detailed analysis.After analysis,it is found that,whether it is a datio in solutum,or alienation guarantee,or a lex commissoria,it faces a large problem and controversy in defining the legal nature of the debt.In the process of sorting out the case,it is not difficult to find that the view of the Supreme People's Court's ruling view has shown a certain trend with the development of time,from the initial focus only on the effectiveness of the agreement itself,and gradually developed into the present attaches importance to the true meaning of the parties expressed,and in that sense expressed as the basis for the legal nature of the legal basis of debt.The change in debt and the new debt settlement system fit well with the development of this trend and to the maximum extent,respects the principle of autonomy of the parties.Therefore,according to whether the parties in the agreement clearly agreed to eliminate the original debt relationship,the judicial practice of the debt agreement to debt changes or new debt to clarify the legal definition,will be a good solution to several other systems in the law of the limitations,but also conducive to the formation of a more uniform rules of the referee,for the maintenance of judicial authority and predictability,has important theoretical and practical significance.