Research On Legal Issues Related To Property Debt

Debt-to-debt,as a way of eliminating debt,although there is no explicit provision in China's "Contract Law" and "Property Law",it is common in social practice.Since there is no explicit legal provisions to apply,the court of the case has no uniform standard for the nature,effectiveness and rules of the debts of the property in the judgment of such cases,resulting in repeated judgments of different cases.Occurs to a large extent,undermining judicial authority and judicial credibility.In order to effectively cope with the above-mentioned situation,the discussion of the legal issues related to the debt-for-debt has revealed the actual value and social value of its existence.This article introduces the debt-for-debt in the judicial practice,enumerates the basic situation of the debt-for-equity cases and typical cases,and regards it as the basis of the following discussion,and finds out the problems highlighted in dealing with the debt-for-debt disputes in practice.The root cause of the problem;after briefly clarifying the basic theories such as the concept of debt-for-equity,academic classification,etc.,then discriminate the theoretical differences between the system of debt-for-debt and surrogate settlement,liquidity contract,and debt renewal,and further clarify the object The nature of debt repayment,the determination of legal validity and the rules of the referee are the suggestions for the handling of debt disputes in practice,with a view to enriching and perfecting the system of debts in China in terms of legislation,logic structure,application of law,and application of laws.Put forward a glimpse.