On The Legal Nature And Effect Of Paying Debts In Kind

In recent years,there has been a large number of cases refer to Paying debts in kind,yet it is facing the dilemma of inconsistent judgments and legal loophole.In this regard,we should find out the background of "Paying debts in kind" in our country by studying the concept,and then analyzing the typical cases,confirming the core elements of "replacing the original payment with other kinds of payment",and based on this,paying debts in kind will be separated from the traditional civil law system such as datio in solutum,change of debts and paying by new debts.On the premise of recognizing the contractual and consensual nature of Paying debts in kind,the legal relation of different types of Paying debts in kind can be respectively interpreted as contract change,discharge contract and guarantee contract.For the unpaid discharge contract,the parties should continue to finish the payment and should not be free to regret,and the debtor should bear the liability for the guarantee of the flawed goods.In addition,from the point of view of restricting the applicability of the prohibition of liquidity,it is necessary to admiting the effect of guarantee contract in the contract law.However,in the case of the relationship between the parties and the third party,the creditor has no priority because of the legal principle of property right.