Studies On Paying-a-debt-in-kind Contract In Judicial Practice

Paying-a-debt-in-kind contract is the practice of civil law, while from a strict sense, it’s not of legal concept. Based on such phenomena, the study defines paying-a-debt-in-kind from the perspective of a contract. Paying-a-debt-in-kind is agreed between the parties to use definite thing to replace the scheduled payment obligations. According to the functions of paying-a-debt-in-kind, it can be divided into two different legal systems-the system of the debt guarantee and the system of debt elimination. The former one is to the agreement of paying-a-debt-in-kind before the expiration of the debt, and it is used to guarantee the creditor’s rights. While the latter one means the performance of debt obligation after the expiry of a repossessed consensus and its function is in its payment way to terminate the debtor-creditor relationship.Different types of paying-a-debt-in-kind should be regulated in its different institutional framework. By matching the two different to paying-a-debt-in-kind in theory with the existing system of alienation guarantee, the system of transferring guarantee, datio in solutum, the study aims to provide theoretical basis forlegal regulations of paying-a-debt-in-kind phenomena. Through the analysis of the Supreme Court cases, judicial interpretation, and minutes of meeting, it tries to find problems existing in the practice of paying-a-debt-in-kind cases. And then the study puts forward some suggestions for legal regulations.