Research On The Application Of Debt-for-goods Law

There are no clear legal provisions in the contract of debt in kind as an anonymous contract in China,and there are great disputes in judicial practice about the effectiveness of the contract of debt in kind,whether it constitutes the guarantee of assignment,and whether it violates the mandatory provisions prohibiting liquid.From the judicial practice common "bonded with house" perspective to research to fulfill the object of law applicable to the problem,leading to typical cases and theories of just for the object identified as well as to the practical application of law to bonded "bonded with house"in the case of the referee analysis,want to be able to in the judicial practice some enlightenment to the proceedings and trial of such cases.When studying the application of the law of matter-for-goods,this paper first classifies the matter-for-goods contracts in practice according to different situations,and divides the nature of the "thing",the way of "debt" and the scope of "debt" in matter-for-goods.Secondly,in order to determine the validity of the debt-for-substance contract,it is necessary to clarify the influence of the old debt-for-substance relationship on the debt-for-substance contract and the application of the right of defense enjoyed by the parties in the debt-for-substance contract.Once again,the paper studies the judgment standard that the contract of debt-for-goods constitutes the assignment guarantee in practice,and makes clear that the liquid contract in the assignment guarantee system should be viewed from the perspective of the value of the debt-for-goods itself.If the value of the debt and the value of the debt are appropriate,it is considered that the validity of the liquid contract should not be denied at this time,so as to save the judicial resources on the one hand,on the other hand,it will avoid creating new contradictions between the parties.The typological classification of debt-for-goods contracts and the specific applicable rules of different types of debt-for-goods contracts have a significant promoting effect on the research on the application of debt-for-goods laws in judicial practice.In the process of law application,there will be many problems such as interest conflicts between the parties,such as interest conflicts between the creditor and the mortgagee,and between the creditor and the construction contractor.In addition,relevant measures should be taken to prevent the occurrence of false litigation in the contract of debt-for-goods,such as increasing the punishment,so that the parties really do "dare not do".