Preservation Of The System Of Debt Research

The instauration of saving from debt damage system breaches traditional principium of contract relativity, which make it possible for creditor to exert litigation right to the third person exterior based on contract relation. The new type of system counteracts a big legislation limitation of our debt law legislation in theory and consummates ordinary guarantee law system of our national debt. In fact, provide with vigorous law mathod to the behavior of damaging the interest of creditor such as evading law, escaping debt, which helps to implementing of debt and ensure the realization. The article mainly from visual angle of contract lawstudy and discuss the quality, character, establishment conditions, exertion and effect of subrogation right and withdrawing right of creditor and so on, giving consideration to relevant regulations of traditional civil law theory and foreign legislation, and roughly discuss several problems which exist and need to consummate about saving from damage system of our national debt in legislation...