Study On The Effectiveness Of The Paying-a-debt-in-kind

Cases like the paying-a-debt-in-kind are common in judicial practice,which is not clearly stipulated in civil law in our country,the judge to the understanding paying-a-debt-in-kind of effect,which often appear different sentenced to connection with the phenomenon,Judge some see it as a judge false Lawsuits,some judges directly to "Liquid contract ",liquid directly deny its validity,the vast majority of the judge as "generation pay off",insist on a real contract..This paper elucidated by the paying-a-debt-in-kind in law there is no loophole,the judge should be fulfilled according to owe,forming time,the status of its classification,and through the apply method and so on related concepts or system form the accuracy of the system of judge rules.Judge the court hears a case to fulfill the object should pay attention to individual difference,to discriminate different types of the paying-a-debt-in-kind,nature and effectiveness analysis respectively.Judges in the judicial practice may,in accordance with the paying-a-debt-in-kind to form time,performance of the state,through apply and so on related concepts or system,the method of forming the accuracy of the system of judge rules,thus illustrating with a debt agreement there is no legal loopholes.Judge the court hears a case to fulfill the object should pay attention to individual difference,the liquid contract,The transferring guarantee for violating the law mandatory provisions shall be invalid,and the changes of debt,New debt repayment,Debt Payment in Property of three types of debt,the object in theaffirmation of its effectiveness at the same time we should pay attention to the difference between them.To Debt Payment in Property,should be strictly limited within a certain range,can't be expanded explanation.The change of debt,new debt should comply with the principle of contract freedom and autonomy,fully affirmed the effect.The judge to meet after paying-a-debt-in-kind,the object to the intention of the agreement for correct interpretation,make the value orientation.