Selection of debt ｜ BRTV Civil Law Ceremony Reading

To determine the specific repayment method to choose the debt? What situations may cause the right to choose from not in the hands of the debtor? What problems will occur during the transfer of rights?

Recently, the column of Beijing Radio and Television Science and Education Channel's "Civil Law Code" section specially invited Liu Ying, a judge of Beijing Huairou Court, and Chen Xin, a professor at the Chinese Academy of Social Sciences. The content of Article 16 is interpreted in depth.

"Civil Code" article

Article 515

There are a number of targets and debtors only need to perform one of them. The debtor enjoys the right to choose; however, the law has other provisions, the parties have an agreement or other trading habits.

The parties who enjoy the options have not made a choice within the agreed period or the expiration of the performance period. If they are not selected within the reasonable period after urging, the choice is transferred to the other party.

Article 516

The parties shall notify the other party in a timely manner, and the subject is determined when the other party is notified. It must not be changed after the target is determined, except for the other party's consent.

If the optional target cannot be fulfilled, the parties who enjoy the right to choose the right must not be able to choose the unable to perform, but the situation that cannot be fulfilled is caused by the other party.

After choosing a debt, you need to become a simple debt

In order to fulfill it?

1

The choice of debt usually means that the target of the debt has a variety of payments, but the debtor only has one of the payment obligations. Before selecting the right of the right to exercise the option, the form of debt payment has not been specific; only by selecting the right of the right to exercise the right to choose, the selection of a payment, the payment content is determined, and the next step can be fulfilled. In other words, by exercising the right to select the right to make the debt of the selection, it becomes a simple debt.

What situations may lead to the right to choose

Is not in the hands of the debtor?

2

According to the provisions of Article 515 of the Civil Code, there are three exceptions: the law has other provisions, the parties have an agreed or other trading habits.

In accordance with Article 515 of the Civil Code, the debtor may also lose the right to choose, which will cause the right to transfer to the creditors.

What is common in practice is that the parties have approved in advance to enjoy the choice of rights to the creditors. For example, in the field of investment, in order to protect their own interests, investors often have a clear selection of rights to the creditors (that is, investors) when signing the contract. Better protect your rights and interests.

Of course, in practice, there is also a situation where the options are transferred from the debtor to the creditor's hands.

How much is the transfer of rights?

What should I pay attention to?

3

Generally, the transfer of options refers to the transfer of rights from the debtor to the creditors. For this situation, before entering the lawsuit, the performance period of debt has expired, and the creditors have also been urged. Therefore, the transfer of the right to the choice will cause the right to transfer from the debtor to the creditors.

However, relatively speaking, the transfer of rights transfer is not common. As mentioned earlier, most of the parties in practice have agreed in advance, and the creditors have the right to choose. In this process, it should be noted that if you make analogy, you should keep relevant evidence.

For the creditors, the best way is to make an agreed right to enjoy themselves through the agreement. For the debtor, if you enjoy the right to choose, the best way is to exercise the right to choose in time within the agreed period or before the expiration of the debt performance, and actively perform the debt from the most convenient perspective; Exercise the right to choose, debtors must actively perform their debts and avoid liability for breach of contract.

The neighbor used to be a guest when I was at home

For adjustment, the two parties agreed that the neighbors were responsible

The air conditioner is repaired, and the way is not limited. Neighbor

Said to ask professionals to repair at your own expense,

After the owner agreed, the neighbor changed again

The hexagram should be repaired by yourself, can this be?

4

According to the provisions of Article 516 of the Civil Code, the neighbors have exercised the right to choose and notified the creditors that the target of the debt has been determined, that is, the neighbors should be repaired by the neighbors at their own expense. It cannot be changed after the target is determined, unless the other party consent. Therefore, whether the neighbor can change the maintenance method depends on whether the creditor agrees. If the creditor agrees, it is completely possible; if the creditors do not agree, the neighbors should ask professional maintenance personnel to repair it. If the neighbor refuses to perform, the creditors may ask them to bear the corresponding compensation liability.

What are the cases that cannot be fulfilled?

5

Performance cannot refer to objects that are not objective, usually include legal or de facto performers, and failure caused by force majeure, but do not include subjectively and do not want to perform. For example, after the debt is agreed, a certain amount of money can be repaid, or a special designated painting can be paid. This famous painting is one of the choice of targets. If this famous painting is damaged and lost, it is an indispensable situation.

Supply: Huairou Court

Video source: BRTV science education

Edit: Liang Hanwei Wangxi

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