Research On The System Of Datio In Solutum

China’s latest Civil Code has not made the relevant provisions on Datio in Solutum,and in practice,China basically draws on the legislative examples of other civil law countries or regions.With the increase in the number of cases of liquidation in judicial practice,it is necessary to incorporate the system of liquidation in rem into our legal system in the future.This paper intends to clarify the ideas of the system of Datio in Solutum through a combination of theoretical and practical research.This paper intends to clarify the ideas of the system of liquidation in rem and provide theoretical support for the introduction of the system of liquidation in rem in China’s future legislation.This paper is divided into three parts.The first part is the definition of the Datio in Solutum.It is based on the intention of both parties,replacing the original payment with another payment,and replacing the old debt with a new debt to achieve the extinction of the debt as the means to achieve the purpose.The second part describes the current rules and regulations of Datio in Solutum in China and the problems faced by Datio in Solutum in China.Although China has not yet formed a legal system of Datio in Solutum,it has given sufficient room for the development of Datio in Solutum in its laws and regulations.However,there are many theoretical differences and problems in the process of practical application,such as different judgments in the same case due to unclear validity,difficulty in dealing with the direction when the value of other kinds of payment is different from the original payment,and the lack of a perfect mechanism to solve the problem of vicarious settlement of third parties and the problem of false litigation.In view of the above problems,this paper makes the idea of improving the system of Datio in Solutum in the third part.First of all,the theoretical support for the nature of liquidation is found in the divergence of the current situation in China,and through the argumentation of many views,it can be concluded that the liquidation is a contract rather than an act of liquidation,because only the contract can reflect the autonomy of the modern liquidation.In the current situation,it is more helpful to maintain the interests of both parties and the fairness of the law.Under the premise of recognizing the in rem nature of Datio in Solutum,Datio in Solutum is causative rather than causeless,and whether it is paid or not depends on the nature of the original contract,and it is also necessary to pay attention to the distinction between the nature of Datio in Solutum and other legal systems.If we understand the nature of Datio in Solutum,we can deal with the problems caused by Datio in Solutum in practice more effectively.We should clarify the validity of the Datio in Solutum,set up a clear mechanism of payment,and confirm when,where and what kind of payment;when the value of other kinds of payment is different from the original payment,we should establish a fair and just way to deal with it based on the premise of autonomy;set up a reasonable defect guarantee mechanism for the agreement of Datio in Solutum that cannot be completed due to defects;strengthen the examination of evidence and the ability to deal with false lawsuits.