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Research on the Coexistence of Debt Undertaking

Author: ZhongJiaNi
Tutor: ZhengYunRui
School: East China University of Political Science
Course: Legal
Keywords: Debt obligations Debt Assumption Agreement Uncausation
CLC: D923
Type: Master's thesis
Year: 2011
Downloads: 87
Quote: 1
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Abstract


Coexistence of debt obligations system of a form of the transfer of the debt in particular, assumed a debt. Its origins in Germany, China and France, Japan, China and France and China's Taiwan civil sector successors. Coexist debt obligations as debt obligations added to the original debt relations, of guaranteed bonds implementation. However, whether China's laws and regulations, or judicial practice in China for the coexistence of debt commitments and can not find a systematic explanation. In this paper, it is in reference to the German civil law scholars and civil law scholars in Taiwan coexist debt commitments made in the analysis and discussion, try to build the coexistence of the debt obligations of the theoretical framework of the system and explore the domestic scholars assume the system for the coexistence of debt legislative proposals based on mining system of points. This paper discusses three system coexist debt obligations. The first part is the basic theory of the coexistence of the system of debt obligations. Through analysis and comparison of the German civil law scholars, civil law scholars in Japan and Taiwan, China and France scholars under the definition for the coexistence of debt obligations, a fundamental understanding of the coexistence of debt assumed. That the coexistence of debt obligations is the third person in accordance with the law with statutory or contractual, added to the original debt relationship, common with the original obligor in respect of the original debt to creditors responsible for the civil legal act. Determine the coexistence of the concept of debt obligations, the author then analyzes and discusses the basic characteristics of the coexistence of debt obligations, the constituent elements as well as the legal nature. The second part of the summary of the coexistence of the legal effect of the debt obligations. Coexist debt obligations is a tripartite legal relationship between the creditors, the original debtor and the third party debt obligations added. Addition, this article will focus on the coexistence of the the legal consequences Uncausation debt obligations, debt obligations shall not be the subject matter of the antigen debtor against the creditor coexist debt obligations established and effective. Classification discussed obligor creditor's right of defense in this article about the debt obligations of the debtor's right of recourse debt. The third part of the \Professor Wang Liming and Professor Xu Guodong For the coexistence of debt commitments system made legislative research. Comprehensive analysis scholars of legislative proposals to produce the basis of its legal effect of debt obligations and debt assumption agreement entered into ways to coexist build coexistence of the system of debt obligations.

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CLC: > Political, legal > Legal > Chinese law > China and France
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