On The Relevant Legal Issues Of The Agreement On Debt Repayment By Means Of Goods After The Expiry Of The Debt Liquidation Period

The payment of debts by means of goods occupies an important position in the repayment of non-governmental loans and loans in our country,although in the current legal system of our country,there is a clear provision for the repayment of debts by means of goods.However,in the concrete practice and judicial practice there are a large number of debt behavior and related legal disputes.Due to the relative lack of relevant laws and regulations and the lack of legal consciousness of most of the parties concerned,the material-based debt settlement in judicial practice faces serious differences in nature and legal validity,resulting in a large number of phenomena of different adjudication in the same case.Therefore,in the judicial practice,the legal nature and legal effect of the agreement on the payment of debts with goods and the related systems are set aside for the purposes of judicial practice.The judgment results of the relevant cases of debt agreement and the performance of the debt agreement with goods have a far-reaching impact.To clarify the legal nature and legal effect of the agreement in judicial practice,to establish and improve the relevant laws and regulations of the agreement,to fully safeguard the legitimate interests of the relevant interests,and to firmly safeguard the authority of the judicial organs,It is of great practical significance to maintain the predictability of judicial practice of judicial organs.For many years,the discussion on the legal nature of the agreement between the academia and the judiciary is in the ascendant,and up to now,there has not been a consensus between the academic circles and the judicial circles on the legal nature of the agreement.Generally speaking,most scholars focus on the legal nature of the debt settlement agreement by means of goods,mainly focusing on the aspects of debt satisfaction,assignment and guarantee,liquidity contract,change of debt and new debt settlement,according to the current laws and regulations of our country.In addition to fluid contract,most of them belong to unnamed contract,and its application in concrete judicial practice is controversial,and its scope of application is not clear.Although there are cases in which fluid contracts and debt satisfaction are used to define the legal nature of a debt settlement agreement,however,is due to the The nature of the system itself has a great controversy between practicality and acceptance,so it faces a large number of legal problems.In view of this judicial dilemma,this paper is based on a large number of related judicial practice cases of material-based debt settlement agreement and the relevant theoretical achievements of many scholars,on the basis of analyzing and sorting out these cases.This paper briefly analyzes and expounds the meaning,the type of legal validity and the system of the property-based debt settlement agreement in the current judicial practice of our country,such as the meaning,the type of legal validity and the system after the expiration of the liquidation period in the performance of the debt-with-goods agreement.Based on a large number of basic concepts and theories as well as some typical cases of property-based settlement agreement,this paper analyzes the contract nature and legal effect of the property-based debt settlement agreement,and pays off the debt on behalf of the goods,such as the settlement on behalf of property and renewal of debt,etc.in the light of a large number of basic concepts and theories as well as the typical cases of the related agreement.The nature of the form in the judicial practice has carried on the detailed case analysis and the rationality analysis.Finally,this paper clearly points out the problems that our country is facing in the judicial practice,and puts forward the relevant suggestions and measures to improve the system of debt repayment by means of goods.