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The Research For Cumulative Debt Assumption

Posted on:2012-04-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y H SongFull Text:PDF
GTID:2216330371453412Subject:Law
Abstract/Summary:PDF Full Text Request
At current, the third part involved in the relation of creditor rights and debt, has become the common economic activity. We can get the popular activity which is include cumulative debt assumption, exempt debt assumption, fulfilling assumption, promise and so on, and also we are often confused by above ways. More and more people begin to accept the rule of cumulative debt assumption, but at current our country has not the definite law about cumulative debt assumption, most countries in the world are also lack of the legislation for it. Because of this problem we can often meet the disputed argument and controversy result in the practice of law affairs. There are many different meaning between the cumulative debt assumption and exempt debt assumption and complying with this difference we can meet the different lawful result. Focused on our current law we can see that our law has already explained the detail about the exempt debt assumption but not any law or clause for cumulative debt assumption. Actually the cumulative debt assumption play important role and contribute to our economic stability and development, and also help to protect creditor lawful right and lawful equity.My thesis is divided into three parts as below:The first part is about the basic introduction of cumulative debt assumption, the basic principle and conception, the character, element and the detail explain for lawful effectiveness. Through this introduction we can get the clear understanding for cumulative debt assumption.The second part is the detail elaboration for the relationship and difference about exempt debt assumption, related duty and fulfill assumption on the basis of comparing with each other. In this part I show the case and analysis the cumulative debt assumption and related rules, all these rules are focused on the third part involved in the relation of creditor right and debt, but the whole different in the assumption result as to the creditor, debtor and the third part. Through these compare and research we can take the effective practice.The final part is about the necessary of launching the law for cumulative debt assumption, according to the current problems and eastern and western countries learn extent, I take my thinking about how to describe the cumulative debt assumption, the needed definite conception, the character, rule the enjoying rights , prior to protect the creditor right interests once occur to difficulty judge, and also consider of debtor interests, fixed confirm by the lawful way, I believe all this can help the all existence debt assumption rule to execute correctly.
Keywords/Search Tags:Debt assumption, Cumulative debt assumption, The character of non reason, Joint liability
PDF Full Text Request
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