Studies On The Performance Of A Third Party And Undertaking Of Obligation

A contract on the performance of a third party and Undertaking of Obligation are two ways of undertakeing with debt obligations prescribed in the contract law.In the contract on the performance of a third party, between the central the rights and obligations of the parties to the contract does not change, but the Perform subjects change;Undertaking of Obligation is a form of transfer contract, Once the contract comes into effect, particularly effective, Debt constant self-identity assistance, The third party join debt or has become the obligor, the original obligor exit creditor-debtor relationship, A contract on the performance of a third party and Undertaking of Obligation have money differences, Such as :in force, elements, established to name, rights and obligations, and properties.The cases 65 and 84 of "contract law" provisions the two kinds of system, but due to the provisions stipulated by the contract on the performance of a third party to enough detail and specific system, Made the judicial practice of understanding unclear.This paper attempts to TaiYang securities companies and the unit such as hainan philips company asset management contract dispute case, in order to Provides the basis to the judicial practice in such cases. Except the introduction and conclusion, the paper is divided into five parts: the first part is the cause, The second part is introduced; the case, The third part is the focus of dispute of generalization, The fourth part is divided and opinions, The fifth part is research conclusion.In TaiYang securities companies , the disputed points are two major commitment: the nature of the third party; the way of the third to bear the responsibility. In the above two controversial points, the first point which belongs to the dispute between the parties, the accused is common, the most fundamental dispute after a disputed point, is mainly for case properties of cognizance is conducted on the basis of liability share.. In this case, the third in their commitment to tend to perform as a plea of creditors, and request a creditor is often advocate for the debts of the promise for. The nature of the cognizance of commitment to perform and debt by third parties undertake constitutions and laws and effect, etc.Through the analysis of the two problems, the author thinks that A contract on the performance of a third party and Undertaking of Obligation have mony differences . So in scientific explanations we shall explain clause section 65, article 85 regulation, from the contract and trading habits and can infer the meaning to explore the true meaning of the properties of commitment.