A Theoretical Study On The Payment Of Debt After The Expiration Of The Time Limit For The Performance Of Debt

In our country law,paying in debtis not stipulated in the law,it belongs to the anonymous contract.In judicatory practice,it will be divided into debt of goods and debt after the expiration of the debt performance period.Due to the debt before the expiry of the debt performance period,the value of the amount of the creditor's right and the value of the debt may be quite different due to the outstanding debt.Therefore,in such cases,it is generally referred to the provisions of the property law concerning the prohibition of the flow of charges.The following is a preliminary discussion on the debt payment after the maturity of the debt.In the case of debt,it means that the parties have reached an agreement to replace the original payment with the payment.In the traditional theory,there are two main theories about the legal nature of the debt,namely,the contract of goods and the contract of noocheng.To contract said that,to fulfill the object belongs to the practical contract,when the creditors did not receive his kind of pay,by material to fulfill the contract cannot be established,the creditors and the rights and obligations according to the original contract per capita debt.Noble integrity said that in the contract,the creditor and the debtor has to reach a consensus to fulfill,which has the force of law,both parties shall,in accordance with the material to fulfill the content of the agreement to perform their respective obligations.Whether to contract or north into the contract said,are defined to fulfill the object of creditor's rights contract,apply mutatis mutandis the provisions of the sales contract,and the bonded material flaws,the debtor shall also bear the liability for guaranteeing the drawbacks.However,neither the contract of goods nor the contract said that it can accurately and comprehensively reflect the legal nature of the debt.In the author's opinion,it should be defined as the property right behavior,and the agreement between the two parties should be the property right contract.In the judicial practice,the processing with material bonded legal disputes,applicable civil law general principles of civil juristic act shall be referred to the relevant provisions of,and not about the debt law relevant provisions shall be applicable to adjust.Will owe,define the object of real right behavior,conform to the real intention of creditors and debtors,fully respect the autonomy of parties,at the same time,realize the pursuit of legal effect when the contracting parties.To fulfill the object in the creditors and debtors is established when intention agreement,but by material bonded to substitute transfer must have legal effect in the civil law general principles of civil law behavior effect factor,namely,the parties have corresponding capacity for civil conduct,meaning said true,underlying optimum method,has the disposition and the public.In the case of a major defect of a substitute material,the creditor may appeal to withdraw the agreement on the payment of the debt.When the debtor refuses to deliver the substitute,the creditor may request performance based on the debt agreement.When a replacement is lost,the creditor may request the debtor to bear the liability for damages.Said the real right contract also has very unique significance for judicial practice,not only simplifies the legal relationship,save costs,have to avoid the occurrence of false litigation at the same time,the legal effect of protecting the legal rights and interests of a third person.