Study On Paying Debt In Kind And The Change Of Real Right

It is not clear in our country law regarding paying debt in kind,but it is very common in our country's legal practice as a means of debt repayment under the principle of autonomy.The disputes involved in paying debt in kind are the key and difficult points in the judicial practice in recent years.The legal issue about paying debt in kind should be discussed in many aspects.Firstly,it involves the definition,the different definitions of the concepts have different effects on the nature of paying debt in kind,and inevitably lead to different effect.The legal phenomenon of paying debt in kind has been passed through both the creditor's rights and the property rights.At present,the definition of paying debt in kind is not clear,and different scholars have different definitions.Theoretical circle confuse paying debt in kind with liquid contract,solutum alienation guarantee and the change of debt.It is heated on the dispute that paying debt in kind contract is either consensual contract or real contract.In the event that the debtor has not fulfilled the content of the paying debt in kind,whether paying debt in kind agreement shall come into effect.In the process of the fulfillment of paying debt in kind,how the rights of creditors to get protection,when to transfer property rights,how to apply the rule of law in the case of law is not clear are problems worthy of study.There is disagreement about the research on the theory of paying debt in kind,which leads to different standards and different judgment results in the court.The correct solution of the theoretical problem is related to the protection of the rights and interests of the parties concerned,which is related to the perfection of China's contract law system and the legal authority.Paying debt in kind bonded to cover the legal relationship of creditor's rights and property rights rules,the protection of the rights of creditor's rights and property rights,and when and how to realize creditor's rights and property rights transformation.By reading literature,I found that the current theoretical explore around only in legal nature,effectiveness,and the properties of trial practice.After maintaining to the the above problems,we need further research to fulfill the object involved in the change of property rights and the protection of rights of right holders.,in order to effectively safeguard the legitimate rights and interests of the creditors.