Study On The Effectiveness Of The Lease-to-debt Contractb

The lease-to-debt contract is an agreement reached between the creditor and the debtor to settle the original debt.The parties to the contract sign a lease contract to form a new lease debt,which is converted into the original debt by transferring the right to use the house.The lease payment contract is a new debt,and the original debt is an old debt.In recent years,there have been more and more disputes caused by lease-to-debt contracts.Because lease-to-debt contracts are not an independent legal concept in civil law and there is no corresponding legal norm,the nature and effectiveness of lease-to-debt contracts have not been formed the unified understanding,and has led to judicial chaos in the judicial rulings of“different judgments in the same case and different judgments in similar cases”.Most of the existing viewpoints on lease-paying debt contracts focus on whether they can refer to the application of typical contracts,and there is little discussion on their relationship with the original debt.This article believes that the lease-paying contract is established on the basis of the existence of the original debt.It is necessary to discuss the legal effect of contract from the legal relationship between the two.This article will be divided into four parts to explain.The first part analyzes the typical cases in judicial practice,and then leads to the problem to be studied in this article-the determination of the effectiveness of the lease-to-debt contract.The second part analyzes the legal relationship between the creditor and the lessee,the original debt andthe lease-to-debt contract to lay the foundation for determining the legal nature of the contract.The third part summarizes the different viewpoints on the nature of the lease-paying contract,analyzes the advantages and disadvantages of each viewpoint,and finds that the new debt settlement theory has its legitimacy.In the fourth part,the effectiveness of the agreement is determined by analyzing the nature of the lease-to-debt contract.First of all,this article analyzes the establishment requirements of the debt settlement contract.Compared with the constitutive requirements of the new debt settlement,the contract is determined to be the new debt settlement.Secondly,it mainly analyzes the legal effects of the lease-paying contract under different performance states such as full performance,partial performance,non-actual performance or inability to perform.