The Research On The Effectiveness Of The Contract Of "Paying The Debt By A Thing"

The academic and practical circles of our country lack some practical legislative and practical innovative suggestions on the effectiveness of "paying the debt by a thing" contract.As a result,the effectiveness of "paying the debt by a thing "contract in our country is not clearly defined,the liability for guaranteeing defective substitutes is not specific,and the legal remedies for debt default are not clear.Firstly,this paper compares the effectiveness of "paying the debt by a thing" contract between domestic and foreign countries,and analyzes the differences between the theory of "paying the debt by a thing "contract and that of new contract.This paper makes a typological analysis of the effectiveness determination of the contract of material payment in judicial practice by responding to the contract and theory of material payment in practice.Secondly,by analyzing the effectiveness of the contract of material payment,it compares the effectiveness of the contract of material compensation with that of unrealistic acceptance,and analyzes the effectiveness of the contract of material compensation.The effect of the contract of repayment of substitutes on the effectiveness of the original contract,the renewal of debts and the relationship between new debts and old debts in the process of repayment of new debts.Finally,it discusses the legal effect of the full performance of the contract,the default liability of the debtor for refusing to perform or delaying the performance,the guarantee liability for the defect of the contract,and the creditor's right when the contract is not fulfilled or can not be fulfilled.The way of saving.This paper focuses on what kind of legal effect the contract can produce.In the process of writing,the author adopts the methods of comparative analysis and value analysis to find solutions to the problems in judging the effectiveness of the contract.When it comes to the value judgment and the balance of the interests of both sides,we should try our best to match the existing legislative attitude and value orientation.