Study On Liability Of Debt Participation

Debt commitments include coexisting debt commitments and debt defaults.Disclaimer debt commitments are the debtor’s departure from the original debt relationship,and the third party replaces the debt commitment method of the debt;and the concurrent debt commitment is also called debt participation.It mainly exists in economic cases,the original debtor does not deviate from the performance of the original debt relationship,and the debtor assumes the responsibility of the repayment obligation together with the original debtor.Due to the rapid development of the market economy,debt participation as a new way of debt commitment,the frequency of occurrence in the court’s trial practice is increasing year by year,although my civil law scholars have recognized and endorsed the basics of debt.However,at present,there are no specific and clear provisions in China’s laws and regulations,which brings great inconvenience to the judges in determining the facts of the case.Combining with the current theoretical theory and real cases,this paper analyzes and compares the existing problems of debt accumulation with the methods of analysis and comparison with similar legal provisions,hoping to provide some guidance for the future construction of debt participation system in legislation.First of all,this paper sorts out the meaning of debt participation by studying the theory of scholars at home and abroad.It elaborates the characteristics of debt participation from the perspective of the identity of debt participation,contract type and non-causality.The legal effect of joining is added;this paper classifies the debt participation from the perspective of the subject of the joining person,the scope of the debt to be joined,and the reasons for the formation of the debt;then analyzes the constituent elements of the debt joining,especially for the parties in the constituent elements.The subjective aspects were elaborated.Finally,the debt-joining and joint guarantee obligations,the debt commitment and debt-free debt commitment,and the debt participation and the third-person settlement were screened.Secondly,it analyzes the three viewpoints of the current theoretical circles on debt commitment.Through comparative analysis,it is presumed that debt participation should bear no real joint responsibility.Thirdly,from the perspective of reasons,fulfillment purposes,sources,recovery rights,debt identity,and order of performance,it is most appropriate to why the debt is not applicable.Finally,by analyzing the current court’s trial of the number of cases of debt participation,court level,geographical distribution,case appeal rate and the lack of legal provisions for debt participation liability,analyze the current and existing problems of the current debt participation case,and The question raises three judicial recommendations.It is hoped that this article can provide effective theoretical guidance on the legislation of debt participation,and at the same time,it will play a certain role in guiding and standardizing the current trial practice,avoiding the behavior of some parties who maliciously evade the law,evade responsibility,and harm the interests of creditors.