A Study On The Identification Of Debt Accession

With the development of market economy,the third party has become a common phenomenon in practice.But because the civil law does not stipulate it,and the form of debt is diversified,it makes the judicial cognizance difficult when the debt disputes occur,and it also causes the active attention of the academic community to pay attention to it.In this paper,a case of a debt dispute is taken as an example.The nature of the two parties and the three party’s signing of the third party in the loan instruction is a dispute over whether it belongs to the guaranty or the debt.Because of the general and vague description of the loan statement involved and the particularity of the third party’s identity,the dispute is complex and typical.This paper analyzes the nature of the cases involved in the case,and observes and identifies whether the Joint and several guarantee belongs to the joint debt,the principle of internal sharing and the responsibility structure.At the same time,it discusses how to balance the interests between the three parties from the interest relationship between the creditor,the debtor and the third party in the debt accession,so as to establish the concept,the constitutive requirements,the legal effect and the type division of the debt accession.Secondly,the comprehensive debt is added to the case,and the recognition of debt accession and the application of law are analyzed.Finally,combined with the relevant theories and the analysis of the cases,it is expounded that debt accession should be given a legislative response as a special civil legal system.