Study On The Judgment Of The Debt Repayment

As a special concept in China,it has been widely used in various civil subjects in recent years due to its convenience and efficiency.At the same time,because at present our country is not universal applicability of law,ruling on its cause in the judicial practice court to fulfill the object of the case the referee standard is not unified,appear the phenomenon of "different connection with the sentence",by social criticism,seriously affect the judicial authority.This paper,by using the method of empirical research on material bonded court case reason after statistical analysis found that in the practice in our country to fulfill the object itself is more than one face,in addition to believe that education is a kind of independent debt repayment way,also may constitute,liquid contract guarantee,generation of liquidation,new debt liquidation,change of debt,etc.Based on material bonded related theory research,method of liquid contract issue is actually that is the value of efficiency and fair value conflict,in terms of our country at present,still should stick to prohibit liquid contracts,in order to safeguard social fairness.In adhere to distinguish between the liquid type and clearing guarantee under the premise,guarantee combined with the civil law general principles the civil habits as civil legal source,type of liquidation in our country guarantee shall be recognised in the judicial practice in the future.It is recognized in judicial practice in China,but it should be distinguished.Part in the practice of the court to fulfill the object as a way of independent debt repayment,but with the change of debt,debt repayment,the new generation of settlement of confused,etc,this paper think that should not be put to fulfill the object as a separate debt repayment way to treat.For our country's legislation is blank and practice on the material bonded needs urgent situation,this article thinks that our country can be formulated by the supreme people's court judicial explanation or release of guiding cases way to bonded case specification,specific should pay attention to two points: one is unfavorable and then to fulfill the object as a kind of independent debt repayment way to establish,so as not to increase the worry,and can be used on the basis of material bonded to appointed time should be typed.Second,we should pay attention to the relationship between the payment of the agent,the repayment of the new debt and the change of the debt.First of all,it should follow the autonomy of the parties.Secondly,when the parties fail to make the agreement or the dissenter,the change of the debt will involve the change of the elements of the debt,and the change of the debt will cause the debt to lose its identity.And generation of liquidation of objects with new debt repayment agreement any objection,the unknown can be presumed as new debt repayment,the original debt exist at the same time,new debt failed to perform,the creditor shall have the right to request the debtor to fulfill the original debt...