Analysis On The Coexistence Of Debt Undertaking

The coexistence of debt undertaking, also known as debt accession, has not been regulated in the contract law. The lack of regulation causes confusion in application of the law and ascertaining of the facts. Therefore, the author tries to research in the theoretical and practical aspects in order to promote the development of this system.This paper stated the definition and the elements of the coexistence of debt undertaking first. After discussing the definition and the regulations of the coexistence of debt undertaking in the mainland legal system countries and Taiwan area of china, the author provides the different point of the definition of the coexistence of debt undertaking. This paper also discusses the formation of the coexistence of debt undertaking, then analyses the rights and obligations of the creditor,the debtor and the third party.Part II focuses on the distinction between the similar concepts of the coexistence of debt undertaking. This part analyses the similarities and differences of the coexistence of debt undertaking and the guarantees, performance of obligations by the third party, exemption of debt undertaking. Then the author describes how to distinguish above these similar concepts by the analyses of the relevant cases.Part III analyses the different legal affects of three different types of the coexistence of debt undertaking.Part IV describes the status of the legislation, trial and execution of the coexistence of debt undertaking. Then the author analyses the problems in the law application and the fact ascertain of the coexistence of debt undertaking in the foundation of typical cases. Finally this paper discussed the situation of the coexistence of debt undertaking in the settlement agreement and the program option of the various options in the execution practice.