The Research Of The Coexistence Of Debt Undertaking

The coexistence of debt undertaking is a system that third one join in the debtor-creditor relationship to liable for the debts with the original debtor in the original debtor is not out of the case. The fundamental of the system existence value lies in better guarantee the realization of creditor’s rights. Unfortunately, the coexistence of debt undertaking system has not yet to be invited into the current law system. The high frequency utilization and the blank legislation makes the increasingly acute contradictio ns in practice, so that it directly caused all kinds of judgment in the judicial practice. Chinese scholars mostly focus on the concept, characteristics, constitutive requirements and other issues that has formed a general view, but rarely mentioned on how to distinguish the coexistence of debt undertaking and guarantee system or the similar system and what type of liability shall the third party and the origi nal debtor bear in the practice, These are all worth of research.This article describes the constitutive requirement of the guarantee system and the concept, the constitutive requirement and other basic theoretical issues. of the coexistence of debt undertaking, and discusses it combined with the the focus controversy of the specific case. Firstly, analyze the "Commitment Letter" of case that specific theoretical issues involved related and give it final legal characterization. Secondly, analyze what type of liability shall the third party and the original debtor bear. Finally, put forward relevant proposals for theoretical debate of the coexistence of debt undertaking in legislation to improve the system and resolve such disputes.