The latest provisions of the Civil Code on the use of property to offset debts are when the debtor or a third party uses property to secure the realization of the creditor's rights. When the debtor fails to perform the debt, the creditor can negotiate with the mortgagor to use property to offset the debt; or the parties bear mutual debts. , if the subject matter is of the same type and of the same quality, one party can offset its debt against the other party's due debt. 1. What are the latest provisions of the Civil Code on debt repayment in kind? The latest provision in the Civil Code on debt repayment in kind is: Debt repayment in kind means that when a bank is unable to recover a loan with monetary funds, in order to reduce the risk of credit assets, it takes back the corresponding physical assets of the borrower. the act of paying off a debt. Article 301 of the Supreme People's Court's "Opinions on Several Issues Concerning the Application" stipulates: "With the consent of the person applying for execution and the person subject to execution, the property of the person subject to execution may be valued directly and handed over to the person applying for execution to pay off the debt without auction or sale. The person subject to execution shall continue to pay off the remaining debt.” Article 19, Paragraph 1, of the "Regulations of the Supreme People's Court on the Auction and Sale of Property in the Civil Execution of the People's Courts" stipulates: "There is no bidder at the auction or the bidder's highest bid is lower than the reserve price. We remind you that if you are present to apply for execution, If a person or other enforcement creditor applies for or agrees to accept the auctioned property at the reserve price set for the auction, the property shall be handed over to him or her to satisfy the debt."
2. Validity of the Agreement to Settlement of Debts in Kind The basic principle of respecting the autonomy of the parties should be based on the determination of the validity and performance of the agreement to set aside debts in kind. Generally speaking, unless expressly agreed by the parties, a debt-in-kind agreement signed by the parties after the expiration of the debt repayment period does not require the creditor to actually receive the debt-for-payment object, or obtain property rights such as ownership or use rights of the debt-for-payment, to be established or established. Requirements for effectiveness. As long as the intentions of both parties are true and the content of the contract does not violate the mandatory provisions of laws and administrative regulations, the contract will be valid. An agreement in exchange for debts in kind reached by the parties after the expiration of the debt settlement period may constitute a modification of the debt, that is, the establishment of a new debt and the elimination of the old debt at the same time; it may also be the settlement of a new debt, that is, the establishment of a new debt that will coexist with the old debt. The agreement will not take effect until the performance of the property settlement agreement is completed.
3. Can the property used to repay a debt be transferred to the name of another person? It can be directly transferred to the name of another person, that is, the creditor who was previously judged to have used a property to repay the debt. You can go to the local transfer management department with the court judgment and choose to transfer the ownership directly. This is a method of mortgaging assets. It is allowed by law, and transfer fees are required. After the transfer of ownership, the debt will be cleared.