Research On Legal Issues Of Debt In Kind Agreement

The rapid development of China’s market economy is inseparable from the diversification of trading methods.However,in practice,due to the shortage of funds,deterioration of management,failure of investment and other factors,the disputes of creditor’s rights and debts are increasing day by day,which leads to "property for debt","housing for debt","stock for debt" and other debt repayment methods.However,China’s legal regulation of debt in kind is difficult to solve the current complicated situation of debt in kind,resulting in the phenomenon of different judgments in the same case.In this paper,starting from the current situation of debt-in-kind,summed up the existing problems in the debt-in-kind agreement,referring to the provisions of foreign relevant systems,put forward feasible suggestions to improve the debt-in-kind agreement.This paper is divided into the following parts:The first part is the introduction,which points out the significance and value of the debt-in-kind agreement from the relevant background of the debt-in-kind topic,and at the same time makes a literature review of domestic and foreign researches.The second part is the overview of the agreement in kind,and analyzes the type of the agreement.Judicial cases in recent years are selected to find problems in practice.The third part,on the basis of above research,summarizes in a debt agreement on the problems existing in the practice,mainly including: liquid contracts prohibited provisions are rigid,with bonded effect that these flaws,defects exist in material bonded to perform the rules and execution objection rules still adhering to a debt agreement to the provisions of the physical properties of the object and the drawbacks of bonded material payment problem.The fourth part analyzes and discusses the legal regulation status of debt-in-kind agreements in other regions,including the United States,Germany,Japan and Chinese Taiwan.Through the investigation of the relevant systems in the above areas,we can draw lessons from the parts that are in line with China’s national conditions and the legislative model.The fifth part puts forward suggestions on the improvement of the legal issues of the debt-in-kind agreement,including the construction of a relaxed liquid contract prohibition system,and the improvement of the identification rules and performance rules in the context of the debt-in-kind agreement,and puts forward the five aspects of clarifying the expectation right of real right and improving the remedy system for the defects of debt-in-kind agreement.It is hoped that the research and discussion of this paper will contribute to the theoretical research of debt in kind and provide ideas for solving the dispute of debt in kind in judicial practice.