Research On The Problem Of Debt Accession

Debt accession is an issue that arises from practice,and then seeks for evidence in theory.It has many cases in practice and can be directly applied to characteristics and legal effect of the coexistence of debt undertaking.When the third party join,the debtor does not withdraw from the creditor's rights and debts,the creditor shall have the right to claim the right to both of the debtor,and the discharge of anyone of them causes creditor's right die out.The debt that the participant bears is the same with the original debt.The adding behavior has no result whereas the contract has,so the debt participant can invoke the original debtor's right of defense.A joint liability is established between the participant and the debtor.However,the problem is that debt accession is similar to the appearance of other related systems,which makes it difficult to be distinguished.Different determination results have significant influence on the right and obligation of the parties concerned.The distinction standard should be analyzed specifically.It should accord to the contract in general situations and follow the interpretation tendency of the court under exceptional circumstances.When it is difficult to distinguish between debt accession and the debt of the exemption,the tendency is to identify it as debt accession.When it is difficult to distinguish debt accession from the third party to perform,it tends to be identified as the third persons.It is important to establish the system of debt accession and many legislators are thinking about this problem.Comprehensive the fundamental theory and the distinguish of correlative system,referring to the legislative provisions of the civil law countries.With the basis of the Italy civil code and combined relevant provisions,the basic institutional framework of debt accession can be constructed.