On The Legal Regulation Of Debt Repayment By Propert

As a special way to realize claims,with the rapid development of the market economy,the number of relevant cases in judicial practice has been growing exponentially.However,China does not have supporting laws and regulations,and courts at all levels do not have unified adjudication standards in the trial process,resulting in the phenomenon of "different judgments in similar cases" emerging one after another.In this context,this article discusses China’s debt in rem system layer by layer by analyzing the relevant cases that courts at all levels in China have come into contact with in the trial process.By searching for relevant cases from 2011 to 2022,the author summarizes the current situation and distribution characteristics of debt in rem,and clarifies the focus of disputes in the real affairs and the legal analysis behind them.Through the comparative study of similar cases,clarify the concept and structure of debt in rem;Trace the historical origin of the promise contract and the material contract,analyze the value persistence and lack of the material contract theory and the promise contract theory,and emphasize the key points of the promise of the debt in kind system;On this basis,the types of agreements under the debt in rem system will be divided into in rem agreements before the expiration of the performance period and in rem agreements after the expiration of the performance period,and the boundaries between them and similar concepts such as mortgage contracts,assignment guarantees,substitute settlement,and debt renewal will be enumerated,so as to clarify the connotation characteristics of the debt in rem agreement;Based on the master-slave relationship between the debt in rem agreement and the main creditor’s right and debt,the order of payment and performance of the new and old debts in the debt in rem agreement is analyzed,and the exercise of the original right to payment is explained if the debtor does not perform the substitute payment in the in rem contract.At the same time,it is necessary to clarify that both the debt settlement agreement before the expiration of the debt settlement period and the debt settlement agreement in rem after the expiration of the debt settlement period need to perform the liquidation procedure,and stipulate that the liquidation obligation shall be borne by the creditor;It clarifies the situation of defects in debt in rem,and summarizes the potential risks in the application of China’s current debt in rem system from the value level,especially focusing on the judicial remedies and prevention of false and defective debt in rem,clarifying the application path of the debt in rem system in practice,and providing reference for judicial practice.