Datio In Solutum Research

Datio in solutum,as a mature theory in some countries of continental law system,has not yet been seen in legal norms in mainland China.In this paper,the main research object is the datio in solutum.The first chapter takes a typical datio in solutum dispute case as an example,and raises three representative issues concerning datio in solutum in current judicial practice,namely,the nature of datio in solutum,legal effect and obstacles to performance.Through the horizontal analysis of domestic and foreign theories of datio in solutum,it is clear that datio in solutum is a contract of compensation,demand for goods and cause,and a legal act.Next,the definition of datio in solutum is analyzed in detail.The key to the establishment of datio in solutum lies in the realistic acceptance of other kinds of payment.After clarifying datio in solutum itself,comparative analysis is made on the relevant systems with creditor’s rights as the object similar to datio in solutum,including debt renewal,new debt repayment and liquid contract.The core difference between datio in solutum and debt renewal is that debt renewal is a consensual contract,and the original debt is eliminated after its establishment.The core difference between the new debt and the new debt is the consensual contract of the new debt.The core difference between liquidity contract and liquidity contract is that liquidity contract is a commitment contract with guarantee nature.Subsequently,the effectiveness of datio in solutum is analyzed,and it is determined that the legal effect of datio in solutum is similar to that of datio,and all claims can be eliminated.But still have different,if datio in solutum can serve as the mark of revocation right,can eliminate creditor’s right after getting other kind to pay,won’t because fulfill flaw and automatic resume gives original pay to wait for legal effect.According to the analysis of the legal effect of datio in solutum appointment,it is considered that datio in solutum appointment can be recognized in stages according to the time when the datio in solutum contract is established.Datio in solutum agreements are legal,but because the formation of the object contract and effective time is different,legal but not binding.The fourth chapter in detail discusses the generation of solvent system build,response to the thesis begins with the performance of the obstacles of questions,the first generation,it’s the foundation of the effect of discharge and scope may have more than the original debt,generation of material discharge is not actual performance as inactive,can request to fulfill the original debt and pay defects can apply to contract the liability for guaranteeing the drawbacks,value imbalances agreement between the parties shall be considered.At last,it is helpful to standardize the parties to use datio in solutum to eliminate debts by clarifying the place,expense and time limit of datio in solutum.