Study On The System Of Datio In Solutum

No provision is formulated about the system of datio in solutum currently.In June 2012 the Supreme Court regarded datio in solutum as a practical contract in their declaratory guiding case,this provision raises a series of questions,because there is fundamental difference between datio in solutum and fulfillment.Deny the effectiveness of the no actual performance of the on behalf of settlement agreement increases the risk of creditor who realizes creditor's rights.Chinese civil law does not provide for the system of datio in solutum,so it is a nameless contract,it is not necessary to construct its legal relations by analogy the typical contract.Datio in solutum as one way to pay off debt,and its purpose is to destroy the original debt,the original debt is not eliminated when datio in solutum agreement is established,on behalf of settlement agreement which is not realistic to implement will not result in generation of settlement agreement invalid,generation of settlement agreement reached is in line with our civil law on the establishment of the contract requirements,and then it is valid.datio in solutum is consensual both to protect the rights of creditors,in line with the principle of autonomy of private law.This paper is divided into five parts : the first part,which leads to the case and case analysis,bringing up the question of the case has not been involved,to pave the way for the following;the second part,which describes the system of datio in solutum in foreign legal systems,Chinese scholars on the understanding of datio in solutum,it can clearly be seen about the system of datio in solutum under a variety of backgrounds,this part also introduced the basic content of liquidation and It helps us better understand the generation of liquidation system;the third part introduce datio in solutum of nature theories and analysis of the pros and cons,then conclud that datio in solutum of nature of self-awareness;the forth part introduce generations completed appearing flaws questions and their solutions;the fifth part,we understand the system of diatio in solutum From static to dynamic,reconstructed the applicable rules of dation of solutum,and place in the original case of the text,it should be adopted by the future civil code.