On The Nature And Validity Of Pay A Debt In Kind

With the rapid development of the national economy,the efficient and convenient trading mode is more popular with the civil subjects,especially in recent years,in order to solve the economic disputes between the two sides,the civil subjects have spontaneously formed the settlement mode of "other payment instead of original payment ",that is," debt by property ",which is different from the traditional form of money payment.Compared with the traditional way,it is more efficient and safe in operation,which to some extent reduces the pressure of the debtor’s performance,provides the guarantee for the realization of the creditor’s rights,and plays the legal effect of interest litigation and dispute.However,due to the lag of law,the emergence of new concepts will inevitably challenge the existing legal provisions,especially at present,the legislation of our country does not make comprehensive and systematic system provisions on the issue of debt repayment,and indirectly leads to a great dilemma in judicial disputes,which has attracted the attention of many scholars in practice.At present,the purpose of this paper is to sort out and demonstrate the theory and judicial level of debt repayment from four aspects in order to perfect the shortcomings and give full play to the superiority of the system.The first part of the definition of the concept of debt-for-goods is analyzed,which is similar to the legal concepts of debt-for-goods,new debt-for-goods,change of debt,liquid quality contract,etc.The second part of the analysis of the nature of debt by property,according to our theoretical scholars of its nature disputes,can be divided into two parts,one is to pay off the act,do not need the actor to have the corresponding capacity and expression of will;the other is to dispose of the act,the actor must have the disposition,capacity and public notice to recognize the effectiveness of the act;third,it constitutes a contract,is the civil subject of the original debt to achieve a settlement of the act.In order to clarify the essence of various viewpoints,the legal relationship between civil subjects is clarified.The third part is the determination of the effect of the debt offset,which directly leads to the difference of the effect in judicial practice.From the perspective of legal system,the study of the nature and effectiveness of a thing is an inseparable process.There is a high degree of adhesion between the two.The components of the behavior behind any nature type are very different,and a little deviation directly affects the effectiveness of the behavior.The fourth part discusses the deficiencies of debt payment in the legislative and judicial level,which is based on the contract of debt payment has not been unified at the legislative level,and then directly affects the application of the judicial procedure.Legislation and justice,as a highly unified combination that cannot be ignored,the legislative defects must be reflected in the judiciary.When studying the issue of material debt offset contract,we should not only pay attention to the legislative level,but also combine with the judicial level.Only through the theory research of material debt offset can we form a complete system.