Research On The Legal Issues Of Paying The Debt By A Thing

The paying the debt by a thing agreement is a kind of agreement formed spontaneously by the people.It belongs to the unnamed contract in the Contract Law.In practice,there are many types of paying the debt by a thing.It is precisely because such agreement is not a well-known contract specified in the Contract Law,it is impossible to solve the legal disputes arising from it with the existing provisions.Starting from the practice of paying the debt by a thing and combining with the theory of law,this paper sorts out paying the debt by a thing,and holds that paying the debt by a thing should be regarded as a superordinate concept,including the system of datio in solutum and new debt settlement.Through the analysis,the conclusion is drawn that the paying the debt by a thing agreement is a promissory agreement,and the problems in practice are finally answered.It is hoped that these superficial views can provide some reference for the construction of paying the debt by a thing in China.In addition to the introduction and conclusion,the contents of each chapter are as follows:The first chapter briefly expounds the concept of paying the debt by a thing,redefines the definition and composition of it,divides the types of paying the debt by a thing into entity and procedure,and lays a foundation for the effectiveness analysis of it.Chapter two first discusses the effectiveness of the behavior of paying the debt by a thing,differentiates many theories,draws the conclusion that the contract of paying the debt by a thing system is the nature of the contract,and then advances it layer by layer.It differentiates the agreement of paying the debt by a thing from the traditional theories of civil law system,and draws a conclusion that the agreement of paying the debt by a thing is different from those of traditional theories of civil law system.Finally,it puts forward its own argument about the essential property of the agreement in practice.The author’s opinion is that the agreement of paying the debt by a thing should be a promissory one.Chapter three analyses the validity of different types of paying the debt by a thing agreement according to the classification of the types of paying the debt by a thing agreement as mentioned before,and combines the judicial case discussion to make it not divorced from the reality,and combines the theoretical point of view to remove the false and preserve the true,and obtains the proper validity of different types of paying the debt by a thing agreement.Chapter four puts forward that the concept of paying the debt by a thing should be taken as a major superordinate concept to construct an open legal structure,and puts forward some possible legal problems of paying the debt by a thing in practice and to solve them.