On The Construction Of The Coexistence Of Debt Commitment System

Benefit from the high speed development of international trade, China’s economic is witnessing a rapid development. The relationship of credit and debt which is more complex always involves the interest of third party. In this case, a new model that the third party participates the relationship of credit and debt is born, which is named coexistence of debt assumption. As a type of debt assumption, coexistence of debt assumption is a controversial issue because of its confusion. However, no matter from the perspective of debtor, from the perspective of creditor, and from the justice of civil law, the system of coexistence of debt assumption has the necessity of existence. According to the Article 84 of<Contract Law of the People’s Republic of China>, if the obligor assigns its obligations, wholly or in part, to a third party, it is called the coexistence of debt assumption. There are many disputes about the " system of coexistence of debt assumption " in academic circles. In order to ensure the relative fair, the certification of coexistence debt transform should take the protection of creditors’ interest as a starting point, and give consideration to debtor’s interest and the interest of the persons assuming the debt.The protection of creditors’ interest means if there is no clear agreement, the civil law should give priority protection to creditors’ interest. Giving consideration to debtor’s interest and the interest of the persons assuming the debt means, if the legal relationship among the three parties is not clear, in order to ensure the relative fair, the civil law should take the protection of creditors’ interest as a starting point, and give consideration to the interest of three parties at same time. The purpose of legislation is to balance the debtor and the creditor, The perfection of the system of debt assumption is not only the healthy and orderly operation rules for the economic development in the economic globalization, but also the external conditions to create healthy social atmosphere. The most pressing matter is how to perfect the legislation needed for the protection of the obligation relation under the new situation. Careful analysis is necessary to clearly define coexistence of debt assumption. In this paper, there are three angles to research the coexistence of debt assumption. First, the paper elaborates the basic theory of coexistence of debt assumption. In this part, the more important theory is the constitutive elements of coexistence of debt assumption. Because the happen of the contract action may be risk to the creditors and debtors, the requirements of the establishment is stricter. Second, the paper analyses the coexistence of assumption and other similar systems. The purpose of this analysis is to hope the legislature to make separate legislation for the coexistence of debt assumption, so that is will not be confused with other similar systems. At last, the paper elaborates the social value of the coexistence of debt assumption, researches the effect of the foundation of coexistence of debt assumption to the original relationship of credit and debt and creditors and debtors. There and many argues during the scholars in this part, so the paper puts forward its own view about the argues. The main method used to research the system is differentiation method. The paper elaborates the opinions of domestic and foreign scholars about the specific problems of coexistence of debt assumption, analysis the advantages and disadvantages of each opinion, states the support points or new points from an objective point of view, and draws own conclusion and different view at last. The purpose of the research of this system is to look for a clearer theoretical result basic on the predecessors’ basic theory, and at the same time, to provide valuable reference to the legislative blank, so that this system can be flexibly used in practice. Also, the research of this system is a very good foundation of the application in practice.