On The Type Of The Agreement To Pay Off Debts With Things In Our Country

Paying debt in kind is a way of debt repayment in which the debtor cannot repay the creditor’s corresponding property as agreed and makes a new debt instead of the original debt to pay off the original debt.With the development of social economy,the dispute cases caused by paying debts with goods in market transactions are also increasing gradually.Since there is no explicit provision in China’s law on the payment of debt in kind,and the treatment results of the payment of debt in kind are very different in practice,this paper will analyze the problems existing in the treatment of the payment of debt in kind disputes,and analyze how to solve the problems existing in legislation,judicature and the people through the typology of the payment of debt in kind agreement.The first chapter first points out the concept of paying debts in kind,and divides it into paying debts in kind before the expiration of the debt repayment period and paying debts in kind signed after the expiration of the debt repayment period,and further subdivides it on this basis to establish the standard of paying debts in kind;The second chapter analyzes the lack of relevant legislation,the confusion of judicial practice,the lag of transaction cognition and so on;The third chapter divides the pre payment in kind into two types:transfer guarantee and post transfer guarantee,and defines the pre payment in kind as guarantee;In Chapter four,according to the content of the contract,the state of delivery and other factors,the repayment of debt in kind is divided into three types:repayment in lieu of property,repayment of new debt and change of debt;The third and fourth chapter mainly studies the content of the type of paying off debt with things,and compares their respective advantages;The fifth chapter puts forward six methods:formulating relevant legislation on the typology of debt repayment agreement in kind,protecting the creditor’s priority of repayment in post assignment guarantee,accelerating the unification of judicial practice of the theory of paying off the promise in kind,eliminating the confusion between the theory of paying off the promise in kind and the change of debt,being cautious about the multifaceted review of debt repayment contract in kind,and preventing the legal risk of false litigation in the type identification,which are of great help to speed up the construction of the typology of debt repayment in kind in our country.