Research On Legal Issues Of Debt By Property

Paying the debt by a thing is an innominate contract with the purpose of repaying debts,which is consensual and unpaid.Although it is similar to the system of datio in solutum,new debt repayment,debt change,fluidity contract and transfer guarantee,it is different from the above system.Unless two sides both agree,the establishment of a debt-in-kind contract does not mean the extinction of the old creditor-debtor relationship.Therefore,the old and new debts coexist and are not substitutes.The right of temporary defense in the original creditor-debtor relationship can not be invoked in the contract of paying the debt by a thing,because it is applicable to the bilateral contract.For the application of the right of permanent defense in the aforementioned creditor-debtor relationship,if the debtor invokes or abandons the right of defense of limitation of action,of course,it is reasonable;if the third party abandons the defense of limitation of action,which is not regarded as the debtor's own intention,however this is attributed to the third party.In addition,the conclusion of the agreement will lead to the suspension of the limitation of the original debts.This is based on the convenience of the parties,to prevent the interruption of the limitation of action from bringing multiple troubles of calculation and the cost of life to the parties.