Abstract:
Starting from the problem of an agreement of expiation of debts in kind in judicial practice between parties, a classification research will be conducted and the different value contents will be found, then case groups will be formed after the distinguishing, so as to find the substitutive constitutive elements in the case groups. From the view of the function of expiation of debts in kind, it is an alternative of elimination of original debt, which is the foundation of the expiation of debts in kind. As for the constitution, a basic distinction between the agreement of datio in solutum and its performance will be carried out, furthermore, the creditor may be liquidated on the original debt if the debtor does not fulfill its obligation. As for the legal effects, datio in solutum may eliminate the debts, and the creditor may bear the risks of the use and the price. However, a risk of warranty against defects is not necessary, and it will be handled according to the original obligational relationships. The original obligational relationship will revive when the contract will be terminated according to the warranty against defects.
