Traditional Culture Encyclopedia - Traditional virtues - Four basic types of debt

Four basic types of debt

There are several types of debt.

According to different standards, it can be divided into the following categories:

I. Statutory debts and intentional debts

1. Statutory debts refer to debts incurred in accordance with the law, including debts arising from infringement, unjust enrichment, management without cause, negligence in contracting, and finding lost property.

2. Indemnity refers to debts arising from legal acts, including debts arising from contracts, debts arising from unilateral acts (such as reward advertisements and donations) and debts arising from various acts (debts arising from company establishment agreements).

Second, labor debt and financial debt.

1. Labor service debt refers to the debt that the creditor must provide certain services to fulfill the debt, such as entrustment contract, employment contract, performance contract, teaching contract, etc. The debt of labor service has a target, but there is no target.

2, the debt of property, refers to the debtor should pay a certain amount of property to fulfill the debt, such as sales contract, lease contract, contract, tort liability, etc. The debt of property consists of the subject matter and the subject matter.

3. Debt types and specific debts

1. Category debt refers to the debt that only indicates the subject matter by category and quantity, that is, the debt that the subject matter is a species. Species are things with the same mass and can be replaced by the same things.

2. Specific debt means that the subject matter to be paid is a specific debt. Specific targets include:

(1) Unique things, such as a house, a piece of land, and manuscripts;

(2) Originally a species, it became a concrete thing after being formulated by the actor; If A chooses a newborn calf in B's cowshed, it is agreed that B will give it to A after 6 months. This calf was originally a species, but it became a special thing after being prepared by A. ..

Fourth, simple debt and selective debt.

1. Simple debt refers to debt with only one target. For example, Party A and Party B agreed that "Party A will sell 50 sheep and 65,438+00 cows to Party B", which is a simple debt, because although there are many songs, there is only one theme.

2. Selective debt refers to debt with multiple targets, only one of which can be paid off and can be selectively performed. Once the selected debt is paid, it will be converted into a simple debt.

For example, Party A bought an electric kettle from Party B, and the electric kettle leaked electricity due to defects, so Party B was burned. According to the content of the Civil Code, Party B has the right to claim tort liability or breach of contract liability from Party A, which is the debt of choice.

1, a single debt, that is, a debt in which both the creditor and the debtor are one person.

2, the debt of many people, that is, the creditor or debtor has more than two debts.

Note: Only the same debt can be divided into single debt and majority debt. If the debtors of two debts are jointly and severally liable according to law, because they are two debts, they cannot be regarded as the debts of the majority.

Five, according to the debt and joint debt.

1. Proportional debt refers to a debt in which one party of the debt is in the majority and each party enjoys rights or undertakes debts according to a certain share.

If there are more than two creditors, it is a creditor's right, and if there are more than two debtors, it is a bond.

2. Joint and several debts refer to debts in which any majority of creditors have the right to require the other party to perform all debts, or any majority of debtors have the obligation to perform all debts.