Research On The Legal Issues Of The Agreement Of Paying Debts With Property

The agreement of paying debts by goods is a convenient way of paying debts.It is not the product of the development of modern society.It has a long history and appears in daily life more and more frequently.The agreement of paying debts with goods makes the way of paying debts flexible and changeable,which has a positive effect on the realization of creditor's rights.However,up to now,the contract law has not made clear provisions on the agreement of debt by thing.The concept of the agreement of debt by thing is also a general summary made by the theoretical circles and the judicial organs according to its content.Because of the imperfection of legislation,there are more and more problems in the application of law.Even in the ruling of the Supreme People's court,there will be different judgments for the same case,which increases the difficulty of judicature and damages the seriousness of law.Therefore,it is very necessary to clarify the legal nature and effect of the agreement of paying debts with property,which is also helpful to maintain the legitimate rights and interests of the parties and the judicial image.This paper analyzes the concept,nature,effectiveness,and how to solve the problem one by one.The first part:the summary of the agreement of paying debts with goods.This part first expounds the basic meaning of the agreement of paying debts by goods,and then compares the concepts of the agreement of paying debts by goods and the agreement of guaranteeing the performance of debts by the contract of sale,the contract of fluidity and the agreement of settlement,so as to better understand the meaning of the agreement of paying debts by goods;The second part:the nature of the agreement.What can be determined is that the agreement of paying debts with property is a nameless contract,as well as a paid contract.However,there are still disputes on the nature of the agreement.First of all,this part starts from three cases with similar cases and dispute focus,but different treatment results,which leads to an in-depth discussion on the nature of the contract of the agreement.It collects and sorts out different views in the academic community,mainly including the disputes on whether it is a contractual or a practical contract,and whether it is a debt change repayment Through comparison,this paper expounds the author's point of viewThe third part:the effect of the agreement of paying debts with goods.In this part,on the basis of the analysis of the nature of the agreement,the relationship between the new debt and the old debt,as well as its binding force on the relevant parties are analyzed.The author holds that the new debt and the old debt can be performed selectively,the new debt and the old debt coexist and disappear at the same time,the limitation of action of the old debt is interrupted due to the establishment of the new debt,and the defense of the old debt is still applicable to the new debt,but the agreement of the debt with the material confirmed by the mediation does not lead to the change of the real right.The fourth part:suggestions on the regulation of the agreement of paying debts with goods.In this part,based on the summary of the disputes in the agreement,two suggestions are put forward on the regulation of the agreement.First of all,it puts forward the suggestion that the court should carefully verify the real purpose and reason of the agreement between the creditor and the debtor to prevent the third party's legitimate rights and interests from being infringed by the agreement.In addition,in the context of the Supreme Court's decisions and published guidance cases,which have a great impact on the judicial trial process in China,it puts forward relevant suggestions on publishing guidance cases and improving legislation as soon as possible.