As datio in solutum is common in legal practice, this thesis has discovered the datio in solutum rules and clarified that the nature of datio in solutum is the acceptance of a new payment instead of the original payment. The reason of the new payment lies in the original debt relationship. The contract of datio in solutum has the nature of consensual contract, rather than real contract. Datio in solutum differs from payment for security as well as paying with a new debt. When it’s doubtful with the contract of datio in solutum,the interpretation should be to the benefit of the creditor and the contract should be treated as payment with a new debt. The debt relationship terminates when datio in solutum comes into effect. However, if there exist defects with new payment, the debtor should undertake the liability for warranty according to the original debt relationship. The creditor can request a reversion back to the original debt relationship, as well as the recovery of the subordinate rights such as security.
王洪亮. 代物清偿制度的发现与构建[J]. 浙江工商大学学报, 2018, 32(2): 38-44.
WANG Hongliang. The Discovery and Construction of Datio in Solutum. Journal of Zhejing Gongshang University, 2018, 32(2): 38-44.