Study On Debt Accession

As a universal social phenomenon,debt accession often appear in the court's substantive trial,In order to clarify its legal relationship,it should be clearly defined.So it can guide practical trial and set up the dispute.This paper summarizes the large number of real cases related to debt accession,combined with the relevant theoretical doctrine.Therefore,we can analyze the problems and disputes in the existence of debt accession,and put forward my own point.First of all,this paper has sorted and defined the concept of debt accession,clarifying debt accession basic concept is the prerequisites and foundation to study debt accession.In addition,this paper discusses the necessity of debt accession research and legislation from the aspects of time distribution,regional distribution,court level,closing method and case distribution.Also,based on the views of the parties which this paper summed up,combined with our legal system,this paper discussed the nature of debt accession,and arrived the conclusion that debt accession is a casual behavior.Secondly,this paper makes an academic classification according to the basis of debt accession and the amount of the debt which the debtor bears and other factors.Then on the basis of drawing lessons from the classification of substantive trial in Jiangsu High Court,combined with the case of judicial practice,this paper has summed up the four types of debt accession,and discussed its constituent elements.This paper believe that the composition of debt accession should have the following three elements: A legitimate and effective debt,the debt is transferable,there is a debt accession agreement or debt participator individual commitment.Thirdly,this paper analyzes and studies the legal effect which should be generated by debt accession.On the basis of learning from the perspective of scholars,this paper believe that the third party who join the debt should bear the Unreal Joint Debt with the original debtor,and in principle the debt of the third party is the same as the debt of the original debtor.In addition,the debtor shall enjoy the right of defense of the creditor on the basis of the cause of the debt accession,as well as the right of defense of the original debtor on the basis of the debt.And on the basis of compliance with the principle of identity of the debt accession,the incidental obligation moved with the main obligation transfered,which means the debtor should also bear the incidental obligation of the original debt,However,the debtor does not,of course,enjoy the original debtor's incidental rights.The third party has the Reclaim Right to the original debtor after the debt is fulfilled.Fourthly,this paper has screened and defined from debt accession to debt undertaking,Guarantee and coexistence of debt undertaking.On the basis of cases in court,this paper believe that if the parties do not clearly agree the nature of the behavior of third parties,and there is no express agreement to waive the debts of the original debtor,it shall be determined that the behavior of the third party shall be debt accession.If the meaning of the parties does not have a significant or clear meaning of the guarantee,the behavior of the third party should be considered as a debt accession.In the screening of debt accession and the Performance of a Third Party,the behavior of the third party shall be judged by the reason for the third party to bear the debt.Finally,this paper analyzes the practical trial of debt accession,and how to identify the identity,in different cases,when the third party signs or seals in a text such as a loan agreement.Also discussed the “company” which is a special subject,and draw the conclusion that the “company” could be used as a third party to join the debt.But should fulfill the necessary internal procedures in advance,as the same as the guarantee.The significance of this paper lies in that when there is no clear law and the theoretical doctrine system is not completely,this paper sort out the system of debt accession,combined with the practice of trial,summed up the type,elements,legal effect of debt accession,the difference between debt accession and the relevant system,and the problems of the practical trial,hoping to provide guidance on the provision of legislation and legal practice of debt accession.