A Study On The Legal Issues Of The Contract Of Paying Debts With Property

In recent years,many practical problems have been exposed in judicial practice.Firstly,this paper defines the contract of paying for debts with goods,and answers the questions in the process of definition one by one,including the differences between solving the contract of paying for debts with goods and the similar concepts such as paying for debts with goods,paying off for goods,paying off appointment for paying off for goods,and changing the contract.According to different standards,there are different types of the contract of paying debts by things.This paper selects the most typical types in practice for explanation and analysis,such as the contract of paying debts by things in litigation and the contract of paying debts by things out of litigation,the contract of paying debts by things by debtors and the contract of paying debts by third parties,the contract of paying debts by things by property and the contract of paying debts by behavior,with conditions The contract of paying debts with goods and the contract of paying debts with goods without conditions,the contract of paying debts with goods before the expiration of the debt performance period and the contract of paying debts with goods after the expiration of the debt performance period,etc.Through the analysis and sorting out,the paper concludes that the contract of paying debts by goods should be promissory contract,single service contract,contingent contract and mixed contract.In this paper,the Supreme People's Court issued by the guidance of the case-Tanglong case for a detailed review and analysis,launched on the performance of the contract of debt for property related issues.The establishment of a contract for payment of debts by goods should not only meet the requirements for the establishment of a general contract,but also meet the special requirements for its establishment-the existing legal old debts and the performance of alternative payment can eliminate the agreement of old debts.There is a special form of formation of the contract of paying debts by goods-sale guarantee.After theexpiration of the debt performance period,the establishment of the contract for the payment of debts by goods causes the suspension of the limitation of action.The contract for the payment of debts by goods before the expiration of the debt performance period has the effect of interrupting the limitation of action.We can't directly apply the analogy of the conditional contract of payment of debts by goods to the liquid contract because of the uneven distribution of interests.It is concluded that the contract of paying debts with property may not be invalid.If the parties sign a contract for payment of debts with goods at an unreasonable price,which is fraudulently harmful to the third party,it may be revoked.The debtor of a contract to pay debts by property shall undertake the liability for warranty against defects according to the specific types of the property to pay debts,and the relevant provisions of the contract law on sales contracts,gift contracts,lease contracts,etc.may be applied by analogy.When the debtor violates the contract of payment of debts with goods,the creditor first requests the other party to bear the liability for breach of contract according to the contract of payment of debts with goods.If the contract of payment of debts with goods is cancelled or revoked,the creditor can request to restore the performance of the old debt.By analyzing and comparing the advantages and disadvantages of the relevant legal systems in the United States,Italy,Germany and other foreign countries,this paper summarizes the most suitable legal regulation scheme for the level of practice in China.