On The Nature Of The Contract Of The Datio In Solutum In Commercial Behavior

With the development of social science and technology,more and more business opportunities in the commercial market change unpredictably,can not be met,sometimes encountered,if not timely seize the opportunity,is fleeting,convenience and availability of this requires business subject in transactions at the same time pay more attention to the transaction.On the contract of the datio in solutum,because of the rapid settlement of disputes,the relationship between the creditor and the debtor,alleviate the advantages of efficiency,economic exchanges accelerate to save the transaction cost,are widely used in commercial transactions in the market,of course,with the increase of usage,will inevitably produce such problems.However,in the current judicial practice,in recognition of the datio in solutum the properties as the mainstream,which makes the above contract of the datio in solutum advantage greatly reduced,especially for commercial behavior the pursuit of quick deal,it is an obstacle to its development,so the contract of the datio in solutum in paper is mainly to substitute commercial behavior as the research object.As a result of the liquidation period expires after the datio in solutum contract has different characteristics,in exploring the nature of the problem can not be generalized,it is consistent with the final conclusion,but the analysis process is based on its properties from two different routes,in order to better balance the interests between the maintenance of commercial subject that reflects its autonomy,ensure the convenient and fast transaction.This article have five parts,first of all is the introduction,mainly writes the background and the significance of the paper,the domestic and foreign research on the the nature of contract of the datio in solutum in commercial behavior,also briefly introduces the research method and innovation of this paper,the paper from the macro to grasp.The second part is mainly about the definition of the basic concept of the contract of the datio in solutum in the commercial act,and the analysis of the unique characteristics of the contract for the payment of goods in the commercial act.Because the basic concept is the theoretical basis for the study of the paper,and the characteristics of the paper is an important factor in the study,so the second part of the article to be introduced.The third part is on the trading behavior on the datio in solutum contract theory and different in judicial practice by analyzing the results of the reality of contemporary China clear of the datio in solutum contract processing to identify changes in practice and reason.In this part the author cites the case of different scholars on behalf of the property settlement contract and judicial practice,in order to achieve the combination of theory and practice,to clarify the facts,reasoned arguments.The fourth part is to substitute debt repayment contract before the expiration of the analysis,starting from the characteristics of liquid contract will be easily confused with a separate analysis,demonstration in the trading behavior of the datio in solutum contract can not be broken for the fluidity contract and invalid,should follow the principle of autonomy.In order to be more in line with the actual needs.From the datio in solutum contract before liquidation prior,which have the harm of physical property and scientific of promissory nature two aspects,gave arguments combined to clarify the author's point of view,recognition of the datio in solutum contracts outstanding commercial behavior in promissory nature advantage.The fifth part is to substitute debt repayment contract after the expiry of the period of analysis,but also from its characteristic,then the analysis will repay debt contract on behalf of the property after the expiry of the defects should be identified as,and scientific recognition of its promissory nature,using the same argument and argument combination,prominent the author's point of view.In terms of style,this part is consistent with the previous chapter,in order to achieve the structure of the rigorous and beautiful.The final conclusion of this paper,that the contract on behalf of the property settlement in the trading behavior of promissory nature is more appropriate,to meet the needs of the age.