Research On The System Of Debt Accession

With the continuous development of social economy,the phenomenon of debt accession has been more and more frequent in judicial practice.Though a universally accepted attitude towards debt accession has been adopted in practice,legislation has not yet specified the debt accession.In judicial practice,the guarantee system is often applied to solve the debt accession problem,which lacks a certain basis.The legal effect of debt accession on parties is also controversial in practice.The phenomenon of debt accession reflects many problems in judicial practice,which makes the referee fall into a predicament.Therefore,the debt accession still needs further study.On the basis of summarizing the main problems appearing in the judicial practice,this article clarifies the effect of the debt accession on parties by analyzing the constitutive requirements and the legal characteristics of the debt accession.The article will compare the difference between debt accession and joint liability guarantee and provide some theoretical basis and practical suggestions for handling debt accession in judicial practice.The author hopes that this study will provide a theoretical basis for the establishment of future debt accession system.This article focuses on the following aspects:The first chapter expounds the concept of debt accession which is the premise of studying the debt accession.The author will analyze the present situation of the debt accession in the judicial field,and then conclude the main controversial issues in the field of debt accession in judicial practice.The full article will also be discussed around the above issues.The second chapter mainly analyzes the elements of debt accession,and describes the legal characteristics of debt accession based on the elements of debt accession.Through the analysis of the elements and legal characteristics of debt accession,we will lay a foundation for debt accession to the legal effect of the parties.The third chapter is the core of the article.Through the above analysis of debt accession,we sort out the relationship between the parties involved in debt.It summarizes the effect of debt accession on creditors,debtors and third parties,and analyzes the most important rights and obligations of parties involved in debt.The fourth chapter is to compare debt accession with the most similar the joint liabilityguaranty.In the current judicial practice,the joint liability guarantee system is applied to deal with debt accession in most cases,but there are obvious differences between them actually.The author compares the two elements and the effectiveness of action,laying a foundation for how to deal with debt in the following judicial practice.In the fifth chapter,the author puts forward some suggestions on the handling and application of debt accession in judicial practice by analyzing the problems of joining the debt accession in the judicial practice and the theoretical analysis of debt accession.For future judicial practice,we will provide guidance on how to deal with debt and how to deal with it.