Research On Legal Issues Of Paying The Debt By A Thing

Since China’s current laws do not provide for debt-for-debt,there are many controversies in the practice of refereeing debt-for-debt cases.After reading the relevant cases and academic literature,the author found that the controversy about debt-for-things mainly focuses on the concept,nature and effectiveness.This article will focus on the content of these three parts and put forward my own views.The first part is the concept of debt-for-things.The debt-for-things should have two constituent elements: first,the existence of the original debt;second,the agreement to destroy the original debt by the payment of debt,as long as these two constituent elements are met,It is determined that the act is to pay off debts;the liquidation of surrogates and liquidity contracts are in line with the requirements for debt relief,and belong to a type of debt relief.The second part is about the legal nature of debt-for-debt.It advocates that the perspective of the contract of Nuocheng believes that the autonomy of the parties should be respected.Part of the viewpoint of the practice of the contract is that debt-for-debt is equivalent to settlement of surrogates.Practicality,another part believes that contract freedom should have practical limitations under certain circumstances.This article believes that debt-to-debt should discuss the legal nature of the issue in stages according to the time when the debt-to-debt is concluded,and determine the promise or practice according to the specific situation.The third part is about the legal validity of debt-to-goods.The analysis of effectiveness is mainly concentrated in two aspects: first,respect for the autonomy of the parties,the liquidity contract type is effective for debt-to-debt;but certain regulations should be made in terms of effectiveness,An unregistered liquidity contract is only binding between the creditor and the debtor,and can be registered against a third party;when the debtor is unable to perform the due debt,the creditor does not necessarily obtain the ownership of the collateral,but should refer to the realization of the mortgage The rules give priority to compensation after the collateral is changed in price.Second,after the expiration of the performance period,the debt-for-debt and the original debt contract coexist.The creditor ’s right to claim for the debt-for-debt and the original debt contract at the same time shall be discussed based on whether the parties have agreed on the settlement period of the debt-for-debt.