Research On The Recognition Rules Of Debt Accession

The addition of Article 552 of the Civil Code fills the gap in Article 84 of the Contract Law where there is no clear distinction between the assumption of exempted debts and the addition of debts,fully meeting the needs of modern social transaction practice.Meanwhile,the provisions of Article 552 are also in line with the trend of comparative law and China’s judicial practice.However,there are multiple parties involved in debt addition,and the legal relationship is complex.It is difficult to handle it properly based solely on Article 552 of the Civil Code,and it needs to be explained and improved in academic theory.In judicial practice,the focus of current research is on what factors should be considered in individual cases,how to characterize,apply,and judge them,as well as the theoretical commonalities and differences,or common special issues that exist behind these individual judgments.Firstly,by reviewing and summarizing the cases,it was found that the factors that need to be considered when distinguishing the true intentions of the parties involved in the case are not clear,and there is a significant conflict in value judgments when distinguishing and recognizing different systems in the case,which leads to difficulties in identifying and recognizing debt addition and other relevant legal systems in the case;At the same time,due to the different subjects of declaration of will in civil and commercial activities,the particularity of the recognition rules for the incorporation of corporate debt needs to be discussed.Guided by the above issues,by studying the legal nature,establishment conditions,and establishment methods of the debt accession system,this paper summarizes the comprehensive factors that need to be considered in determining debt accession at an abstract level,namely: the meaning of language expression,the interests of the parties,the identity of the parties,the relationship between the parties,the order of performance between the third party and the debtor,and the behavior of the company’s legal representative.Taking this as the guiding concept,and taking the interpretation of declaration of will and the standard of economic interests as the research approach,this paper puts forward the analysis path of relevant considerations: first,the qualitative analysis is directly based on the civil legal acts made by the relevant subjects,without dispute;Secondly,there is controversy over how to determine the nature of relevant civil legal acts,which must be clarified through interpretation;Thirdly,when various interpretations cannot be determined,it can be inferred based on relevant legal provisions.Then apply theory to practice,specifically considering the factors that distinguish debt from other relevant legal systems,and use these factors to analyze and qualify controversial cases.Based on the above discussion and analysis,clarify the applicable conditions and scope of Article 552 of the Civil Code,and explain the normative significance and institutional value of Article 552.