问答题
(a) state the various circumstances under which a debtor may deposit the subject matter if the obligation is diffi cult to discharge; (6 marks)
【正确答案】In accordance with Article 101 of the Contract Law, the debtor may deposit the subject matter if the obligation is diffi cult to discharge under any one of the following circumstances:
(i) The creditor refuses to accept the discharge of obligation by the debtor without justifi ed reasons;
(ii) The creditor’s whereabouts is unknown;
(iii) The creditor is deceased but the successor is not yet determined or the creditor loses capacity for conduct but a guardian is not yet determined;
(iv) Other circumstances provided by law.
【答案解析】
问答题
(b) state which party shall bear the risks and costs when a debtor deposits the subject matter. (4 marks)
【正确答案】In accordance with Article 103 of the Contract Law, after the subject matter is deposited by the debtor, any risks of damage or loss of the subject matter shall be borne by the creditor. The accruements of the subject matter during the period of deposit shall belong to the creditor. Any costs resulted from the deposit shall be borne by the creditor.