There are five reasons for the extinction of debts, and what are the reasons for the extinction of d

Updated on Financial 2024-08-11
7 answers
  1. Anonymous users2024-02-15

    The causes of debts can be mainly divided into contract, management without cause, unjust enrichment and tort in the civil law debt section. The reasons for the extinction of debts include repayment, withdrawal, set-off, and forgiveness.

    1. Liquidation. Liquidation, i.e., performance, refers to the debtor's performance of obligations to the creditor in accordance with the provisions of the law or the contract. When the debtor pays off the debt, the creditor's rights are realized, the purpose of the debt is achieved, and the debt is extinguished.

    2. Offset. Set-off means that when two people owe debts to each other, each of them uses its creditor's rights to pay off the debt, so that the debt and the debt of the other party are mutually extinguished within the equal amount. According to the different bases on which set-offs are generated, they can be divided into statutory set-off and consensual set-off.

    3. Deposit and withdrawal. Deposit and withdrawal refers to the act of the debtor handing over the subject matter that cannot be paid to the depository authority when the debtor has reached the performance period of the debt, so as to extinguish the debt.

    4. Exemption. Discharge refers to a unilateral act in which the creditor waives the creditor's rights, thereby relieving the debtor of its obligations.

    5. Mix-up. Commingling refers to the fact that the creditor's right and the debt are attributed to the same person, thus extinguishing the debt-related relationship.

    6. Debt renewal.

    Debt renewal, also known as debt modification and debt replacement, refers to the legal act of the parties to extinguish the old debt by creating a new debt.

    Tips: The above explanations are for reference only and do not make any suggestions, if you need to solve specific problems (especially in the fields of law, accounting, medicine, etc.), it is recommended that you consult professionals in relevant fields in detail.

  2. Anonymous users2024-02-14

    Legal analysis: The reasons for the extinction of creditor's rights and debts mainly include the following: 1. Performance of debts.

    It refers to the debtor's performance of obligations to the creditor in accordance with the provisions of the law or the contract. The debtor acts to the creditor for a specific act, from the debtor's side, for payment: from the creditor's side, for performance

    In terms of the extinction of debts, it is repayment. When the debtor pays off the debt, the creditor's rights are realized, the purpose of the debt is achieved, and the debt is extinguished. 2. Discharge of debts.

    That is, after the contract is validly concluded, the debt is extinguished due to the expression of intent of one party or the agreement of both parties. If the two parties agree to terminate the debt, the debt shall be extinguished by the agreement between the two parties. However, the agreement between the parties to terminate the debt shall not violate the mandatory or prohibitive provisions of the law.

    Legal basis: Article 557 of the Civil Code of the People's Republic of China In any of the following circumstances, the creditor's rights and debts shall be terminated: (1) the debt has been performed; (2) Debts are offset against each other; (3) The debtor deposits the subject matter in accordance with law; (4) Creditors are exempted from debts; (5) The creditor's rights and debts are attributed to the same person; (6) Other circumstances provided for by law or agreed upon by the parties.

    If the contract is terminated, the rights and obligations of the contract shall be terminated.

  3. Anonymous users2024-02-13

    Legal analysis: The extinguishment of debts mainly includes the following situations: 1. The debts are repaid. 2. The two parties who owe debts to each other cancel each other. 3. The debtor deposits the subject matter that is difficult to perform with the creditor. 4. The creditor exempts the debtor from the relevant debts.

    Legal basis: Civil Code of the People's Republic of China

    Article 561 The debtor shall, in addition to the performance of the principal debt, also pay interest and expenses related to the realization of the creditor's rights, and if the payment is insufficient to pay off all the debts, it shall perform in the following order, unless otherwise agreed by the parties:

    1) Expenses related to the realization of creditor's rights;

    b) interest; c) Principal debt.

    Article 568:Where the parties owe debts to each other, and the subject matter of the debts is of the same type and quality, either party may offset its own debts with the debts due to the other party; However, this does not apply if it is not allowed to be set off according to the nature of the debt, according to the agreement of the parties or in accordance with the provisions of law. Where a party claims set-off, it shall notify the other party. The notice is effective upon arrival at the other party.

    There shall be no conditions or time limits attached to set-offs.

    Article 570:In any of the following circumstances, where it is difficult to perform the debt, the debtor may deposit the subject matter:

    1) The creditor refuses to receive it without justifiable reasons;

    2) the whereabouts of the creditor are unknown;

    3) The creditor dies without determining the heir or estate administrator, or loses civil capacity and does not determine the guardian;

    4) Other circumstances provided for by law. If the subject matter is not suitable for deposit or the deposit fee is too high, the debtor may auction or sell the subject matter in accordance with the law, and the price obtained from the deposit may be obtained.

    Article 575:Where a creditor forgives part or all of the debtor's debts, the creditor's rights and debts are partially or wholly terminated, unless the debtor refuses within a reasonable period of time.

  4. Anonymous users2024-02-12

    According to the laws and regulations of China and the practice of economic life, the legal facts that give rise to the extinction of the civil legal relationship of the debt are mainly as follows: 1Performance of debts.

    2.Debt set-off. 3.

    Executive Order. Legal basis: Article 569 of the Suichun Civil Code of the People's Republic of China: Where the parties owe debts to each other, and the type and quality of the subject matter are not the same, this filial piety may also be offset after negotiation.

  5. Anonymous users2024-02-11

    Reasons: performance of debts, offset of debts, termination of debts, agreement between the two parties, objectively impossible to perform, etc.

    Debts arise on the basis of various legal facts. In many Western countries, the occurrence of debt is divided into four types: contract, tort, management without cause, and unjust enrichment.

    In socialist countries, debts arise in four categories: administrative acts; civil juristic acts; Offence; Factual behavior, such as management without cause, unjust enrichment, etc.

    The relationship of debt is binding and legally enforceable from the moment it occurs. If the debtor fails to perform its obligations within the prescribed time limit, the creditor can compel the debtor to perform its obligations in accordance with the law.

    The debtor completes the act or omission specified in the content of the debt (such as delivering goods, giving money, providing services, or not competing) according to the law or contract, which is called the performance of the debt.

    When the debtor fulfills his obligations, the purpose of the debt is achieved, and the relationship between the debt is extinguished. Therefore, the performance of the debt is the most normal way to extinguish the debt. The performance of debts must follow the principles of personal performance, simultaneous performance, full performance and actual performance.

  6. Anonymous users2024-02-10

    According to the laws and regulations of China and the practice of economic life, the main facts of the law that cause the extinction of the civil legal relationship of the debt are: 1Performance of debts.

    2.Debt set-off. 3.

    Executive Order. Legal basis: Civil Code of the People's Republic of China Article 569 Where the parties owe debts to each other, and the type and quality of the subject matter are different, they may also be offset upon consensus.

  7. Anonymous users2024-02-09

    The extinction of debts, that is, the termination of debts, refers to the situation where the creditor's rights and debts relationship between civil subjects no longer exists due to certain legal facts. The circumstances under which the creditor's rights and debts are terminated include: first, the debts have been fulfilled; second, debts offset each other; Third, the debtor deposits the subject matter in accordance with the law; Fourth, creditors forgive debts; Fifth, the creditor's rights and debts belong to the same person; Sixth, other circumstances provided for by law or agreed upon by the parties to terminate.

    Legal basis: Article 557 of the Civil Code of the People's Republic of China: In any of the following circumstances, the creditor's rights and debts shall be terminated:

    a) the debt has been fulfilled;

    (2) Debts are offset against each other;

    (3) The debtor deposits the subject matter in accordance with law;

    (4) Creditors are exempted from debts;

    (5) The creditor's rights and debts are attributed to the same person;

    (6) Other circumstances provided for by law or agreed upon by the parties.

    If the contract is terminated, the rights and obligations of the contract shall be terminated.

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