Discussion On The Regulation Of Debt Payment By The Third Party

The debt payment by the third party breaks through the debt between specific parties. It had its own value and obtained acknowledgment by various countries'laws. But its norms have diversity. The Chinese regulation of debt payment by the third party should be improved and perfected to meet the needs of economic development on the basis of comparing various countries'regulation of debt payment by the third party and other regulations of the civil law'third parties. The debt payment by the third party can be classified into debt payment by the general third party and subrogated payment. Their effective elements, legal nature and the effects are different. The third person will be given the compensation right to the debtor after payment effectively by the third party. But in the subrogated payment the third person will be given subrogation right to ensure the realization of the third person'compensation right. The promise to debt payment by the third party is common phenomenon in life. The recognition of its legal nature and effect related to adjusting this phenomenon reasonably and effectively. To improve and perfect our regulation of debt payment by the third party should distinguish the content and function of the regulation of debt payment by the third party and its related regulation. But our regulation to debt payment by the third party is fragmented and chaotic and confused with other related regulation. So our regulation can't meet the needs of our actual life. We need to redesign this regulation in our country future civil code and make it systematic and standardized. We should make it engage with other related regulations.