Research On The Effectiveness Of Repaying Debts With Material

In recent years,the number of cases of debt in rem has been increasing gradually.However,there is no clear stipulation on debt in rem in the current effective laws in China,and there are many disputes on the nature and legal effect of debt in rem in theory,so no general view has been formed.As a result,there is no uniform standard for the judicial organs to hear the debt in rem disputes,and the cases of the same kind are often judged differently.The courts do not have a uniform standard for hearing the disputes in rem disputes,which results in the frequent occurrence of different judgments of the same kind of cases in judicial trials.It not only affects the social order,but also seriously damages the judicial authority of our country.Therefore,it is necessary to make a thorough and systematic study on the issue of debt in rem.In general,debt in rem is a consensual contract established after the two parties reach the agreement of debt in rem,but if the parties have other agreements on the establishment of debt in rem,they shall respect the parties' autonomy of will.In addition,the debt in kind exists at the same time as the original debt after its establishment,and the creditor should first request the debtor to perform the debt in kind.Under special circumstances,to fulfill the object and the relationship between the original debt should be based on the meaning of the specific analysis: if the parties agreed to a debt to the creditor actual take delivery bonded material for elements,generation of material discharge system for reference,at this time to fulfill the object should be practical contract,and to fulfill the object after the establishment of the original debt are consumed by the creditors paid;If the parties agree that the repayment in kind is a change of the original debt,the original debt shall be eliminated immediately after the establishment of the repayment in kind system by referring to the debt modification system.At last,this paper puts forward two Suggestions to perfect the system of debt in rem.In terms of justice,it is suggested that the supreme people's court should issue relevant judicial interpretation to provide help for the trial of debt in rem cases.