Study On Several Legal Issues Of Paying The Debt By A Thing

Paying the debt by a thing is a way permitted by law to realize the creditor's right and eliminate the debts.It generally exists in the dispute of private lending.Paying the debt by a thing accords with the spirit that the civil subject enjoys the right of autonomy,it can achieve the elimination of debt,and cut down the judicial cost effectively.It is of great significance in judicial practice.At present,our country has adopted a conservative position towards paying the debt by a thing in judicial practice.One side,there is no explicit legislation of paying the debt by a thing in our country yet.Although paying the debt by a thing has been involved in the contract law,the property law,civil enforcement and so on,but most of them are some scattered rules given by the judicial interpretations,ministerial regulations and local regulations.It causes the scholars and the practice to have a great controversy in the definition,the legal quality and the validity agreement of the paying the debt by a thing.on the other side,there is a similarity or coincidence between the legal system of the paying the debt by a thing and the fluidity contract,the security alienation,the datio in solutum,and so on.The several legal systems is exotic.There is no clear regulation about these systems in China.It is easy to cause dispute when these systems are involved in judicial adjudication.At the same time,the possibility of false litigation and be obviously unfair in the juridical practice of paying the debt by a thing may lead to some negative consequences.Rules of People's Court on Several Issues concerning the application of law that promulgated in September 2015,its focus is to strengthen the real relationship between private lending review,to a certain extent,reduce the possibility of false litigation.