| With its unique advantages,the debt accession with guarantee function sprouting in the market transaction and growing up to be favored by the main body of the transaction.The Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)adds 552 new articles to "correct the name" of debts,which is consistent with the trend of countries in comparative law to legalize debts.Different from debt transfer,debt accession does not change the status of the debtor,so the debtor is not exempt from liability.The liability of the acceding party shall be limited to the extent of its liabilities at the time of accession.The distinction between obligation accession and guarantee has always been a difficult problem in comparative law.Although the "Guarantee System Interpretation" of the Civil Code has made a principle provision for the identification of the two,it still cannot solve the problem of judicial practice effectively.The performance commitment made by the parties involves the understanding and identification of the parties’ expression of intention.In this case,the interpretation method of expression of intention should be applied,the principle of giving priority to the context should be adhered to,and the substantive criteria such as the degree of interest correlation should be used for further analysis and verification.If all the interpretation methods of expression of intention cannot make a final decision on the intention of the parties,the presumption of doubt should be applied as the guarantee rule.The existing legal provisions of debt accession are relatively limited,and the proper settlement of such disputes should rely on the relevant provisions of guarantee contract which are highly similar in terms of institutional functions and interest status.However,there are corresponding boundaries of reference application,which should not be inconsistent with the substantive functions of debt accession. |
