论清偿抵充

The Imputation of Payment

2009年出台的最高人民法院《关于适用〈中华人民共和国合同法〉若干问题的解释(二)》首次规定了清偿抵充制度。然而,基于司法救急的原因,《合同法司法解释二》没有规定指定抵充。我国民法典应当按照《德国民法典》的债务人指定模式对指定抵充进行规定,同时,应当在《合同法司法解释二》相关规定的基础上,借鉴大陆法系国家和地区民法典关于清偿抵充的立法经验,进一步完善法定抵充制度。

The Supreme People＇s Court＇s Interpretations of Certain Issues Concerning the Application of the Contract Law of the People＇s Republic of China （Part Two） （henceforth referred to as Judieial Interpretations of the Contract Law Part Two） put forward in 2009 forms the initial foundation for regulations on Imputation of Payment in China. However, regulations on Designated Imputation are not included in the Judicial Interpretations of the Contract Law Part Two, which merely remains as urgent improvement. This paper argues that regulations on Designated Imputation should be integrated in- to the Civil Code, as the ease of regulations on Designated Imputation by Debtor in German Civil Cede. Meanwhile, as far as Statutory Imputation is concerned, the Civil Code should draw further lessons from legislations of countries and regions with civil law system, based on the current regulations in the Judicial Interpretations of the Contract Law Part Two.