Research On Paying The Debt In Kind

In recent years,the situation of paying the debt by a thing is gradually increasing.From the perspective of China's current effective law,there is no clear provision for it.In the theoretical realm,there are disputes about paying the debt by a thing.And from the retrieval of CNKI,the research about it is very little.However in the judicial trial,the same case sometimes has different judgment phenomenon.It can be said that paying the debt by a thing is not only lack of legal support,but also lack of theoretical research.In judicial practice,the determination of paying the debt by a thing is often based on the judicial interpretation of the Supreme People's Court on several issues in the current commercial trial work.From Contract law 286 th,Property law 195 th,219th,236 th,we can also see the figure of paying the debt by a thing from them.But these laws and judicial interpretations of the provisions to repossession are not exhaustive,In practice,the cases that have various types are urgent to resolve.This paper mainly adopts theoretical research and empirical research.By analysising and combing the relevant theory,identified and summarized the elements of paying the debt by a thing.By summarizing and analyzing the judicial cases,this paper comes up with the problems that may be encountered in practice,and puts forward some corresponding countermeasures.It is a prerequisite to make clear the nature and the constitution of paying the debt by a thing.By the definition,classification,qualitative elements analyzed and discussed,we generally have a grasp,in order to better analyze the details of the theory.Paying the debt by a thing is not a traditional theory,It is a way to solve the settlement of debt.In practice,the form of it is vary.The most common are: datio in solutum,fluidity contract,debt changes,new debt repayment.Some of the above,It is not clearly defined in China's law,or not mentioned in the theory.However,from the perspective of the judicial case database retrieval,these forms are recognized by the courts at all levels.But the problem is that the court's determination of the above-mentioned forms,the effectiveness of the judgment is not uniform.Therefore,it is necessary to form the view of introduction,summary,and combined with judicial practice,the court has the processing results for such cases in the case of problems,summed up the general principles to determine the different forms of repossessed.In judicial practice of debt,this paper is mainly analyzed by the method of empirical research,the cases come mainly from Itslaw,mainly adopt case analysis,summary table,icon making production methods,in the cases of the main focus of controversy,case occurrence reason,the case of typical problems the paper shows the formation of the embodiment of four forms of judicial practice in the most intuitive.From the above for material bonded to the overall concept of analysis,the problem of the theory can be obtained in the practice.The main problems is:whether the effect can influence the change of real right,the price of debt problems,the rights confusion debt problem and the false lawsuit.In order to solve these problems,the first thing to do is to improve the legislation of paying the debt by a thing,and the legislation is the fundamental way to solve the problem.Secondly,it is necessary to improve the system of checking the authenticity of the object.Thirdly,it needs to measure the debt and to strengthen the investigation of the debt.In the judicial practice,the debt object usually has high value.If we do not strengthen the review of the debt object,it may seriously damage the interests of creditors.Finally,it is necessary to improve the relief system after resloving the problem.Through the above analysis,we can get the standard of Paying the debt by a thing,and provide theoretical support,so as to achieve the purpose of solving common problems in judicial practice.To provide some reference suggestions for the academic research and the trial of cases.