Research On The Issue Of Property Debt Agreement

The rapid development of our economy is inseparable from the diversification of transactions.Trial rules that encourage trade have further contributed to the prosperity of society.However,due to the shortage of funds,construction interruption,deteriorating company operations,and investment failures,a large number of debt and debt disputes have occurred,which has led to the emergence of various debt settlement methods such as "repayment by housing" and "repayment by shares".The types of debt settlement agreements will be expanded.The debt settlement agreement has become a customary method of debt settlement in judicial trials and the theoretical world,providing a new type of settlement method for "helpless claims".However,China 's legislation does not clearly stipulate that there is no uniformly applicable standard for the elements,nature,effectiveness,and relationship with the loan contract of the debt settlement agreement,which results in different attitudes of courts at various levels in their determination of trials.There is still a long way to go for the "unified referee scale".On November 8,2019,the National Civil and Commercial Trial Work Conference hosted by the Supreme People's Court(hereinafter referred to as the "Minutes of Minutes")made the first provision on the effectiveness of the debt settlement agreement,but only initially encountered problems in the trial at this stage.In his brief answer,Yi did not clarify the differences between the various situations of the debt settlement agreement.Based on the nature of the debt settlement agreement,this article puts forward its own views on the legal effects and legal effects of the agreement,analyzes and discusses the settlement of old debts,changes in property rights,and the right to perform options,and proposes its own solutions to resolve judicial practice disputes.opinion.This article is divided into four parts to discuss the issues related to the debt settlement agreement.The first part is an introduction.Starting from the background of the topic,I find the significance and value of the research.Based on the current status of China 's legislation,I will learn from relevant foreign legislation,compare and analyze the regulations of various countries and the evolution of China 's legislation,and combine the ideas of case studies.And methods to determine innovation points and have feasibility in our country,leads to the following.The second part is the definition and nature of the debt settlement agreement.Clearly,the concept of the debt settlement agreement first needs to define the scope of the two key elements of "material" and "debt".Secondly,by analyzing the requirements for the establishment of debt settlement by property,according to the evolution of the Supreme People's Court's view,it can be concluded that,in general,as long as the parties to the agreement have no special agreement,the contract will be established once Nuocheng is established.Finally,based on the clear concept,it reflects its different properties according to the purpose.The classification criterion is whether the debt performance period has expired,and the debt settlement agreement before the maturity period is of a guaranty nature,which is expressed as a transfer guarantee.After maturity,the debt-for-materials agreement has the nature of repayment,which is manifested by the settlement of new debts,the modification of debts and the settlement of surrogates.The third part is the effectiveness of the debt settlement agreement.Based on the scholar's point of view and the court's jurisprudence,this article analyzes the characteristics and validity of the debt settlement agreement.In order to clarify its effectiveness,this part explains the analysis in three steps.The validity of the debt settlement agreement arising from the expiry of the performance period includes the delivery of movable property,the effectiveness of the transfer of guarantees for the disclosure of real property,the main examination of whether there are invalid factors such as conspiracy,liquidity clauses,etc.,and the debt settlement agreement when the ownership transfer is not completed Legal consequences.After the expiration of the debt performance period,the material debt settlement agreement was first established based on the principle of Nobel contracts and practical contracts as exceptions,focusing on distinguishing between changes in debt and the determination of the effectiveness of new debt settlement.Although the litigation phase also occurs after the expiration of the debt performance period,it is unique.In this link,the parties can reach a settlement agreement in which the debts are settled by property or the trial of the original creditor's debt relationship can continue.The court will not close the case based onthemediation statement.The performance of debt-for-debt performance during the implementation stage is the behavior of debt-for-debt after the settlement agreement and the flow of money.Its effectiveness shall be determined separately and the confirmation of the mediation of the debt settlement agreement shall be strictly limited.In the fourth part,debts of different natures are used to settle debts,and performance will have different legal effects.In addition to the modification of the debt,except that the agreement is cancelled or deemed invalid in violation of laws and regulations,generally the contract will become effective immediately when the old debt is eliminated,and the rest of the debt settlement agreement will be destroyed.The change in property rights is not necessarily related to the settlement of old debts.The relationship between the new debt and the old debt is also based on different claims.A common situation is that when new debt and old debt coexist,creditors have the right to choose between two different default liabilities,and there is no order restriction.If the creditor cannot perform the debt settlement agreement and does not choose the liability method of liquidated damages,the debtor can be required to continue to perform the original contract on the premise that the new debt has a cause for termination,which reflects the flexible application of the debt settlement agreement.