The Legal Validity Research Of Repossessed Assets

Paying the debt by a thing is the agreement or contract between debtor and creditor by agreeing with its property owned by creditors in order to eliminate the relation of creditor's debt.In our country,the agreement of paying the debt by a thing has been larger debate about the effectiveness of it.Ensure or deny paying the debt by a thing simply either hastily or do not conform to the contract of civil law.Because there is no specific provision in the law,which leads to much confusion when handle paying the debt by a thing in the judicial practice.There is little professionalism,depth and innovative works about paying the debt by a thing in domestic books and articles.My fundamental purpose is to sort out the problems of the validity of paying the debt by a thing in the judicial practice in different time to fulfill the object agreement,so as to solve difficult to solve the problem of debt disputes in legal practice.The paper will set out from comparison between two cases,to divided this paper into three parts according to the different time points when signing the agreement of the paying the debt by a thing.Before the time limit of debt performance,the agreement between the debtor and creditors,the nature and the performance is different from liquid contracts and guarantee,but the time to fulfill paying the debt by a thing should also be with liquid due to invalid contract and the validity of the guarantee.At this point,the creditor canonly the original debt contract claim.After the time limit of debt performance,the agreement fulfilled between the creditor and the debtor of paying the debt by a thing is effective.If the parties have agreed otherwise the original debt contract is invalid,at this time to the nature of a debt agreement should be the changes of the debt,creditors can according to content a debt agreement claim;If no the terms of the effectiveness of the original debt contract between the parties,in a debt agreement content when new debt repayment,the properties of the material to fulfill agreement and the original debt contract,the creditor can in a debt agreement claim the object,also can be based on the original debt contract claim,selective.After fulfilling the agreement of paying the debt by a thing,it constitutes datio in solutum.At this time should be concluded that the validity of this agreement.if there are defects of the creditors to found the subject matter(subject matter defect problem is divided into three kinds,namely the subject matter itself use defective;the subject matter has the right to flaws;the debtor's delay in performance,thereby causing loss to the creditors.)At this time we can claim rights and responsibilities according to the business contract on the buyer's right.