Nature And Validity Of Pay A Debt In Kind

With the consolidation of the contract of sale and the folk loan,a large number of agreements for the payment of debt have appeared in the judicial practice of our country,resulting in many disputes.However,there is no clear provision of the law in this field,and there is no unified standard when the court hears the dispute about paying a debt in a kind.Because of the development of buying,selling and borrowing,a lot of disputes have arisen in practice.But the theory has not studied it much.The judgment of the nature and effectiveness of paying a debt in a kind is often mixed with similar concepts,which leads to the improper rules being used in practice.The absence of this system also results in conflicting judgments in similar cases.On the basis of the above judicial practice,this paper,starting from the dispute of the concept and nature of paying a debt in a kind,emphasizes that paying a debt in a kind is different from the similar concept of the contract of substitutes' compensation or fluidity contract,and then combines the practice to study how to accurately determine the nature of paying a debt in a kind and the relationship between paying a debt in a kind and the original debt and the fluidity contract,summarizes the common forms of the debt by goods and the elements,leads to the problems that arise in practice,and finally puts forward suggestions to improve the system of the debt by improving.