Research On The System Of Paying The Debt In Kind

There are debt relationship between the creditor and the debtor,due to some reasons causing the debtor to perform difficult or impossible,creditors in order to ensure the realization of creditor's rights,to prevent damage to their own interests,often require the debtor to pay for his kind of property or property rights and other ways to replace the original debt performance.Similar behavior is common in daily life,but the problems are becoming more apparent,such as:the nature of the problem,the behavior of the conditions of establishment,effectiveness and responsibility of breach of contract;the resulting dispute is not in the minority.This kind of payment to replace the original payment behavior,in the civil law theory of the continental law system was identified as "the generation of things to pay off"and the contract law in Anglo American law system is defined as "alternative performance system".In our country,this kind of civil action has not been regulated by law,and the law has not stipulated the nature of the act,the conditions of establishment and the consequences of the act.Academic research is our views are not the same.In judicial practice,the court in the case of a similar judgment standard is various,each acts in his own way because there is no clear legal provisions;under discretion,different co contracting phenomenon is very serious.Therefore,based on the current repossession problems summed up,through the full range of properties,material bonded to the construction conditions,effectiveness and responsibility grasp;party autonomy from the fundamental to explore in the original debt legally valid under the premise,the two sides in order to achieve the original(the repayment of debts destroy)purposes,he agreed to pay compensation for(instead of)the legal act scheduled payment.In this paper,through the integration of the present theory on behalf of the property settlement and the related research material bonded,study and learn from the provisions of common law in continental law system,on behalf of the property settlement system of vicarious,re understanding of repossession theory.Therefore,in order to better play to repossession for solving the disputes in civil and commercial value,provides the necessary theoretical foundation for the practical judicial judgment,fully demonstrated the best use of the superiority;from the theoretical perspective of repossession of essence of inquiry,clear repossession system.Based on the above considerations,this paper is divided into five parts:Part ?:An overview of the debt system.This chapter mainly elaborates from the basic concept of material debt,through the definition of its concept and the present situation of the system of debt forgiveness,and points out that the current behavior of substitution of the original payment in the legislative level,the judicial level and the theory To study the three aspects of the existing problems;to the debt to do a macro-level description,but also for the following debt to the theoretical study to provide guidance.Part ?:Analysis of the legal nature of the system of debt.In this chapter,the author analyzes the different understanding of the two legal systems and the difference between the two legal systems,and sums up the meaning of the parties that must be grasped by the recognition of the nature of the act of payment of the original payment.The behavior of the establishment of the impact,and then come to the nature of the behavior,including Connaught sexual behavior and physical behavior of two kinds;based on the behavior of the debt of the particularity of its behavior and the existence of an inseparable relationship between the original debt Nature has both sex and compensatory two aspects.Part ?:discuss the establishment of the debt relief behavior.This chapter compares the provisions of the current theoretical circles on the determination of the elements of the debt and the comparison of the provisions of the two major legal systems on the establishment of the material debt.It is pointed out that these elements are too vague.These elements of the establishment did not distinguish between the nature of the object and the debt,resulting in the establishment of the provisions of its application is extremely narrow.The author believes that the nature of the object under the autonomy of the debt is divided into Connaught and physical properties of the two,which determines the nature of their behavior has different conditions for the establishment.Part ?:Exploring the Effectiveness of Debt Relief.This chapter mainly discusses the effectiveness of the original debt and the effect of the original debt.In the argument of the effectiveness of the debt to the original debt,drawing on the ancient Roman law on the effectiveness of the theory of debt,and the two legal systems on the effectiveness of the debt to the original debt has different degrees of regulation,through comparative study,But the domestic and foreign research on the effectiveness of the debt itself is not clear,this paper on the effectiveness of their own debt to carry out specialized research,to fully demonstrate the value of their own effectiveness.Part ?:Determination of Civil Liability for Refund.This chapter mainly deals with the rules that need to be followed by the rules of the object,which is based on the agreement on how to deal with the debt relief agreement,what kind of responsibility is necessary and what kind of rules need to be followed,and on this basis,Different legal liability analysis,pointed out that the legal liability for debt should be from the debt relationship between the two parties to identify:First,the creditors of the legal responsibility;Second,the debtor's legal responsibility.