Prejudication Research Institution Debt Added

Debt accession means a debt obligation mode by which a third party joins in the debt voluntarily to undertake the joint and several liabilities with the original debtor to ensure the performance of the debt. The debt accession system provides a guarantee for the debtee to realize his or her obligatory rights, and it is a product of the commodity economy which develops up to a certain stage. In a great number of leading cases, even though the judges often quote the debt accession to confirm the liabilities among debtee, debtor and a third party, any system without legal supports is lack of credibility and universality, therefore the debt accession shall be recognized legally when the legislation is available.In Chapter I, this paper presents the concept of the debt accession and the generalization of four aspects of problems to be resolved on the basis of the researches on the leading cases, and the whole paper will prevail surrounding these problems.In Chapter Ⅱ, this paper explains when the debt accession is established respectively according to the types of the debt accession.In Chapter Ⅲ, the core contents of this paper is available, they mainly aim to explain how to differentiate debt accession system from joint and several guarantee, exempted debt obligation from obligation substitution of a third party, and summarize the legal characteristics of the debt accession system and confirm that the debt accession system is a contractual behavior, an assumption of the original debts and a non-casual behavior. As for its property, the debt accession includes no real joint and several liabilities.In Chapter IV, this paper confirms the rights of the debt accession person surrounding the balance of the benefits among debtee, original debtor and debt accession person, namely how to exert his or her right to defense and right of recourse.In Chapter V, based on the legislative researches on the existing debt accession in China, legislative suggestions are proposed about the debt accession system in this paper.The debt accession is a civil legal system with stronger practical values, the establishment of the debt accession system is favorable to realize the obligatory right of the debtee, resolve difficult problems during civil adjudication and perfect the civil legal system in China.