The agreement is one of the types of the contract in the debt law, which is different from the result of the datio in solutum. It should be adjusted by the provisions on the nameless contract in the the Contract Law of the P.R.C.. 该协议是区别于代物清偿结果的独立的债法上的合同类型,适用我国《合同法》有关无名合同的规定。
There are many disputes on the relative problem of the datio in solutum in the academic circle as well as in actual practice world. 学术界以及实务界对代物清偿相关问题存在诸多的争议。
The key to settling such disputes is to define the legal nature and efficacy of the datio in solutum. 解决此争议的关键在于界定代物清偿的法律性质以及效力。
Though there is not the legal concept of the datio in solutum in the current legal document in our country, the act of the practice world of the justice has conceded the value of the datio in solutum. 尽管,我国目前的法律规范并没有代物清偿的法律概念,但司法实务界的做法已经肯认代物清偿的价值。