Yang Chen V. Comment On Debt Transfer Case

With the social and economic development and prosperity of transactions between equalsubjects,Trading is not only reflected in practice,Credit and debt has become the object oftransactions,In order to simplify the relationship between the parties debt,Enhanced ability torepay the debt,Protection of the interests of creditors,As well as in deed mobility play anactive role,Therefore,debt transfer of legal obligations associated problems are particularlyworth studying for.In the case of Yang Chen v. debt obligations,Creditors and debt obligations in direct debtobligations entered into agreements.Debtor did not participate in the conclusion of thecontract,Then wether or not notification of the debtor,Meaning the debtor whether the impactof debt assumption agreement,If the debtor does not agree to assume the debt agreement,Theagreement is valid or not,Without other legal risks,Chinese law does not expressly provide,Intheory and in practice, there are many differences,Court in such cases is also no uniformstandards.For this series of problem solving,Correct interpretation of the spirit of legislationand legal issues in-depth study is particularly important.Although the debtor did notparticipate in debt obligations entered into an agreement,But the debt assumption agreementis altruistic agreement.Therefore, the debtor is entitled to benefits, and did not suffer anyloss,Creditors also benefit because of debt assumption agreement,The creditor an earlyimplementation,Can be described as any harm.If the agreement is invalid debt obligationsimposed not only harms the interests of creditors and damaged the interests of thedebtor.Thus, the debtor’s consent is not effective debt obligations protocol elements,Creditormay enter into with a third person direct debt obligations protocol.Debt obligations of thedebtor against the agreement,There is no express provision in our law that the third persondebt required consent of the debtor,And the debt transfer agreement does not violate the lawsand administrative regulations of the effectiveness of the mandatory provisions of thecircumstances,Debt transfer agreement should be considered invalid.