The Analysis On The Contract Of Paying The Debt By A Thing

Paying the debt by a thing is a spontaneous behavior in practice,the system of civil law in our country there is no corresponding,in the face of the emerging cases which paying the debt by a thing,deal with the point view of justice theory as.At present,the theoretical circles on the material bonded to the connotation and extension has not been a unified opinion,the existing theory is complicated,but the defects have the corresponding,to provide a reasonable basis for judicial judgment,but also hindered the actual function to play repossessed.Therefore,the main purpose of this paper is on the basis of practice,in order to comb the basic concepts of paying the debt by a thing,analysis the related system of paying the debt by a thing,and on the nature and effect of the material bonded to make accurate definition,finally returned to the practice,give some guidance of judicial adjudication.Through the observation in practice of paying the debt by a thing,expired before and after paying the debt by a thing in feature and effect has obvious difference,so this paper will be discussed in the two types of material bonded to separate,in the nature and the effect on separate definition,in order to define the material bonded to more accurate,will the better type.This paper is divided into five parts:The first part through the analysis of a case to find out the existing problems of paying the debt by a thing.Through the observation of the case and the results,on the one hand,show the different characteristics of paying the debt by a thing before the term of payment and after the term of payment.On the other hand,through the comparison of similar case verdict,reveals the importance of determination on the nature and effect of the debt to.The second part have a basic untangle of paying the debt by a thing in practice.This part is based on China's practice of paying the debt by a thing,find a more reasonable definition of paying the debt by a thing and summarize the conditions.In addition,the summary of paying the debt by a thing practice,to clear the characteristics and functions of repossessed assets,in order to discuss the nature and effectiveness in attention,should play its due role.The third part expatiates on the nature of the contract debts.This section will be separated before and after the expiry of the liquidation of debt to be defined separately,through paying the debt by a thing before the expiry and liquid contract,with the transferring guarantee of comparison,obtained at this time should be considered a kind of atypical guarantee in conclusion.By payment after the expiry of the period incomparison with repossessed datio in solutum,new debt liquidation,it is concluded that this stage of paying the debt by a thing and new debt liquidation theory more consistent view.The fourth part is the effectiveness decided of paying the debt by a thing for each stage.Because the atypical guarantee and the new debt settlement are theoretical concepts,there is no clear legal provisions in china.So if you want to in the judicial practice in the actual application,it must be combined with the concept of two kinds of views and theories in our country with the practice of paying the debt by a thing,to its the effect of a detailed summary.The fifth part is the empirical analysis of the other problems existing in the actual performance of paying the debt by a thing and find the method of coping.This part puts forward three problems,from the case of paying the debt by a thing in fulfill,and also has the novelty.Through the use of the previous discussion on the nature and effectiveness of paying the debt by a thing,obtains a reasonable coping style.In response to the proposal also highlights the author's ideas,in order to solve the existing problems in judicial practice play a guiding role.