Analysis Of The Nature And Legal Effect Of Property Debt

This article starts from the definition of the concept of the debt-for-equity agreement,discusses the debts of the property,respects the autonomy of the property debt,and emphasizes the promise of the debt-to-debt agreement and the purpose of liquidation,so as to better accurately in the disputes of different doctrines.Characterize it.The first part and the second part sort through the definition of the concept of material debt,combined with the current legislative situation,to sort out the judicial practice of debts.According to the meaning of the text,the debt-to-debt is defined as the ownership--the agreement between the creditor's rights to eliminate the creditor-debtor relationship through the liquidation procedure.On this basis,we sort out the disputes over the insolvency of goods in practice.The third part discusses the nature of the property debt agreement.The one-to-one correspondence between the judicial judgment and the doctrine of theory.Through the effective and performance of the debt-for-credit agreement in practice,it points out the logical defects of the material property of the surviving property,and points out that the method of distinguishing the "new debt settlement" and "debt change" in the Supreme People's Court decision is not appropriate.In the end,it is believed that the "debt change"should be defined as the nature of the debt-for-debt,and the autonomy of the will gives the debtor the right to choose the old and new debts.At the same time,it is pointed out that the change of the debt is not necessarily inferred that the parties have agreed to eliminate the old debt.The fourth and fifth sections explain the implementation of the debt settlement agreement.For the debt-to-debt agreement signed and voluntarily fulfilled by the parties,on the basis of respecting the principle of subjective equivalence,it is given effectiveness against third parties through liquidation procedures.When the debt bond agreement is fulfilled,the creditor can only appeal to the old debt;if the debtor chooses to perform the new debt,the creditor can retain the other kind of payment,and claim the guarantee liability according to the newly established debt bond agreement.