The Study Of The Nature And Effectiveness Of The Debt Repayment By Material Agreement

Debt repayment by material is not a new phenomenon.It has been used in ancient times.In feudal society,people might become the subject of debt paying.With the development of the social economy,the scope and mode of market transactions have also changed.As a convenient way of paying debt,the debt set off agreement is becoming more and more frequent in the daily life,and there are many disputes,and the problems existing in the application of the law are becoming more and more prominent.The problem of paying debts by material comes mainly from judicial practice,and the judicial adjudication has not come up with uniform referee standards for some related issues.From the 2012 to the present,the problems in the documents against debt and refereeing are becoming more and more obvious,which has attracted extensive attention from the practical and theoretical circles.The debt agreement by material is agreed by both parties,and should belong to the contract category.On the whole,the most important problem is whether it is a novice contract or a practical contract,and the relationship between the new contract and the original debt and debt.According to asking questions,analyzing problems,and resolving problems,this paper starts with the cases and guidance cases issued by the Supreme People's Court in recent years,the five modes of dealing with the settlement of the debt agreement in the current judicial practice,including at least the compensation of the agent,the contract of the flow,the atypical support and the renewal of the debt.Based on the analysis of the traditional theory of civil law involved,it initially obtained the update of the available debt and the new debt liquidation to determine the material debt repayment agreement.The debt repayment agreement is a contract,and the determination of its nature and effectivenessshould return to the exploration of the parties' original intention.According to the true meaning of the parties,the debt repayment agreement can be divided into three types: the new type of debt,the new debt repayment type and the guarantee type.Combined with the existing provisions of China's civil law,the contract change system can be expanded and interpreted,and the first two types of agreements can be regarded as replacing and supplementing the contract targets to determine their effectiveness.The latter type of agreement can be compared with guarantees.The regulations are regarded as guarantees for the original loan contract,and the validity of the contract is determined by the theory of the contract.