Zhiming Lecture Hall Session 3 — Minutes of the National Civil and Commercial Trial Work Conference: Agreement on Performance by Substituted Property
[2] On the afternoon of May 27, 2020, the third session of the "Zhiming Lectures" sharing series, organized by Guangdong Zhiming Law Firm, was livestreamed on the Tencent Classroom platform. The theme of this lecture was "Minutes of the Ninth National Civil and Commercial Trial Conference - Agreement on Performance in Kind," with Tang Chanjuan, a legal assistant at Guangdong Zhiming Law Firm, serving as the guest speaker.
[3] Legal Assistant at Guangdong Zhiming Law Firm [4] Tang Chanjuan
[5] During the livestreamed lecture, Assistant Tang primarily discussed the agreement on performance in kind as outlined in the Minutes of the Ninth National Civil and Commercial Trial Conference. She analyzed what constitutes an agreement on performance in kind and explained the validity of such agreements made before the debt performance deadline. She also highlighted the differences between consensual contracts and real contracts. Finally, through specific case analyses, she clarified the relationship between old and new debts after the signing of a property-for-debt agreement.
[6] During the interactive session, participants engaged in a lively discussion on the distinction between performance in kind and guarantees in practice. The lecture was engaging and insightful, with attendees expressing that they benefited greatly. At the conclusion of the lecture, many expressed hope that similar sessions would be held more frequently, as they not only enhance professional skills but also foster a vibrant learning atmosphere.
[6] During the interactive session, participants engaged in a lively discussion on the distinction between performance in kind and guarantees in practice. The lecture was engaging and insightful, with attendees expressing that they benefited greatly. At the conclusion of the lecture, many expressed hope that similar sessions would be held more frequently, as they not only enhance professional skills but also foster a vibrant learning atmosphere.
[3] Legal Assistant at Guangdong Zhiming Law Firm[4] Tang Chanjuan[1] In the live broadcast
[2] There are a large number of debt-to-asset contracts in China's social life and judicial practice, but previously, substantive laws such as the General Principles of the Civil Law and the Contract Law did not clearly stipulate accord and satisfaction. The absence of legal provisions and the lack of theoretical research have led to inconsistent judgments in judicial practice. The issuance of the Minutes of the National Conference on Civil and Commercial Trials is not only a guiding light for legal practitioners but also an important step in improving China's legal construction.
