Case Study Of “returning Debts With Property”

Paying the debt by a thing is a common economic activity,it means that the debtor pay creditors the creditors agreement of other substitutes,so that the original debt elimination is no longer carried out.But in practice,agreement by the parties in order to paying the debt by a thing,the Court's understanding and dealing with conflict is serious,often arise different judgments in similar cases,and not only judicial authority,and cannot play a role in proper guidance.Based on debt and the case study and analysis of its cause,respectively,from the legal norms and practical judgment,put forward the corresponding countermeasures to promote legislative,judicial,and establish the authority of law.Presented paying the debt by a thing to datio in solutum more reasonable and more readily acceptable,should be used as a unified concept for research and legislation.The characteristic of essential is that the original debt has been established.Paying the debt by a thing is the substitute performance of the original debt.If the original debt has not yet been established,the litigants agreed to the future when the non-compliance with the debt,such a situation is a guarantee agreement,not the paying the debt by a thing,therefore,takes the concept should be clear on the basis of its nature accurately.New debt to debt is the nature of the contract that established a new contract new debt burden,new debt to meet before the original debt and the security right is not eliminated,but suspended.Connaught debts has become a historical trend,and promise more reasonable.Still adhere to the practice of judicial practice in China,mainly in order to prevent fraud litigation,but the symptom,not the cause,had to start from the reasonable construction of the system.Irrespective of whether the debt settlement period expire and signed a debt agreement,there is no possibility of debtors are exploited.If the debtor does not fulfill the time of debt,the creditor may request continues to fulfill the debt agreement,it can also restore the original discharge of the debt,creditors have the right to choose when the debtor to bear the liability for warrant of defects of the substitute,can refer to the application of relevant provisions of the contract of sale.The parties in the lawsuit reached a debt settlement agreement and requesting the court to issue a conciliation statement,the court shall issue it.Under the background that the Civil code has just started,we should actively explore the way of paying the debt by a thing into law.