Research On Debt Repayment By Object

In our country,there is a lack of regulation on the payment of debts in kind,which is not conducive to the maintenance of judicial authority.Therefore,it is necessary to discuss the use of debt in kind.In terms of legal behavior,the use of debt in kind refers to the agreement reached by the two parties to replace the original payment with another kind of payment.The general situation is a contract of contract,unless the parties agree or special provisions of law practice is a contract.The debt bond can not be completely equated with the payment of a substitute,and the creditor's payment in lieu of the performance of the debt,the relationship between the debts will be destroyed,part of which involves the debt-bonded property,is one of the manifestations of debt.The change of debt refers to the act of setting up new debts for the purpose of eliminating old debts,that is,the contract of replacing old debts with new ones,and the change of the subject matter of debt is related to the debt.The new debt settlement is to pay for the new debts due to the liquidation of the old debts,and the contract for the elimination of old debts due to the performance of the new debts,and the new debts agreed to be used for the performance of the debts,which involves the debt payment.A warrant is a guarantee by which the transfer of title or other right of the subject matter of the guarantee is secured by the security right,and after the valuation of the subject matter by the guarantor,the determination of the title of the object to be acquired in order to meet the obligation is related to the debt.A liquid contract,means that before the expiration of the debt performance period,the security owner and the Mortgagor or the quality person,if the creditor does not perform the debt after the expiry of the debt,the security right person may obtain the Guarantee property ownership agreement,but is not suitable to be identified as the liquid contract by the material debt obligation.It is necessary to distinguish between the debt settlement and the debt settlement period after the expiration of the liquidation period.The right holder of a security right is not for the purpose of using,earning or utilizing the subject matter itself,but for the purpose of paying the price of the subject matter preferentially to claim his claim,that is,the control of the limited value of the attached condition of the ownership and usufruct.The essence of the settlement of the subrogation,the settlement of new debts,the change of the debts and the guarantee of the debt is the limited and preferential right of the bonded matter or right,and its essence is a kind of act of establishing the security property right.The change of real right in our country should recognize the distinction between creditor's right and property behavior this is to carry out the burden behavior and the disposition behavior,causes the creditor's rights relation and the real right relation to be clear,is advantageous to protect the third person's legitimate benefit,namely picks "the creditor's Rights Act + registers or delivers the change" the change pattern.When the bonded goods are movable,the security property right is established when the debt is set up;When the bonded goods are property rights,the goods are bonded + registered = The security right is set up,and when the bonded goods are the property vouchers,the goods are bonded + delivered = The security right is set up,and when the bonded goods are immovable property,the goods are bonded + registered = The security right is set up.So it is necessary to deal with the relationship between pragmatism and humanistic care,and the protection of the rights of the right holder and the rights and remedies of others.The title of security interest adopts the legislative model of security interest in movable property,security interest in immovable property and security interest in property rights.It is incorporated into security interest in movable property,security interest in immovable property or security interest in property rights according to the different attributes of property.