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Tongzhou Construction General Contracting Group Co., Ltd. v. Inner Mongolia Xinghua Real Estate Co., Ltd. (Dispute over Construction Contract for Construction Engineering)—The Nature and Performance of the Offsetting Debt with Property Agreement upon Expiration of Debt Satisfaction Period

Chapter
Part of the Library of Selected Cases from the Chinese Court book series (LSCCPC)

Abstract

In determining the nature of the offsetting debt with property agreement upon the expiration of the debt satisfaction period, if it is not clearly specified, the offsetting debt with property agreement shall generally be regarded as a consensual new debt satisfaction agreement. When performing the agreement, the creditor should first exercise the right to claim for the fulfillment of new debt, and, if non-performance of the new debt when it becomes due renders the purpose of the offsetting debt with property agreement not fulfilled, the creditor has the right to request the debtor to continue to perform the old debt.

References

  1. 1.
    Saichi Matsusaka, Summary of Civil Law, Theory of Creditor’s Rights, 5th ed., Japan, Yuhikaku Publishing, 1993, p. 9.Google Scholar
  2. 2.
    Han Shiyuan, General Theory of Contract Law, 3rd ed., Beijing, Law Press, 2011, p. 59.Google Scholar
  3. 3.
    Dieter Medicus, General Theory of German Law of Obligation, trans. by Du Jinglin & Lu Chen, Beijing, Law Press, 2004, pp. 221–222.Google Scholar
  4. 4.
    Fang Shaokun, “On Satisfaction of New Debt”, Guangdong Social Sciences, 5, 2014.Google Scholar

Copyright information

© Law Press China 2020

Authors and Affiliations

  1. 1.The Supreme People’s Court of the People’s Republic of ChinaBeijingChina

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