On The Third Person Join The Debt In Unilateral Promise

In the legal theory, the coexistence of Debt Undertaking, also known as debt added, referring to a way of Debt Undertaking which the third person join in the original Creditor‐debtor relationship and pay off debts to the creditors together with the original debtor. In the judicial practice, the third person join in the Creditor‐debtor relationship through two ways—the third person unilateral promise or reach a agreement with the creditors and(or) the debtor—which differences lie in the effect of unilateral promise. The coexistence of Debt Undertaking doesn't exempt the original debtor's obligations.Unilateral promise of the third person debt added, referring to the third person in the absence of the debt reached with creditors or the debtor under the contract to join a unilateral promise to pay the debtor's debts to creditors, does not exempt the debtor to pay off the debt obligation means a debt obligations.The purpose of validation of the third person join the debt in unilateral promise is to protect the interests of creditors and facilitate the Court finds such evidence. In this purpose, theory an practice of civil law are combining in the rules. The rules make the debt added separate itself from the existence of the contract of the coexistence of Debt Undertaking, strengthen the binding of the third person promise of liquidation replay and avoid the dispute of the contract of adding debt Causative or Non‐causative.The third person join the debt in unilateral promise is the forth types of debt added which can be divided into two cases: the contract un‐established or the contract invalid. The way of the third person give the promise conclude oral, writing and actual performance or other forms. The promise is not t Form‐Request legal act.The unilateral promise of the third person to pay off debt needs several legal requirements: 1.effective existence of original debt; 2.the original debt is available transfer; 3.not change the content of the original debt; 4.the promise act of third person become legal effective.The debt added is not real joint debt naturally, so deal with the internal relations between third person and the original debtor should in accordance with the basic relationship. After unilateral promise of the third person to join the debt and pay off the debt to the creditor, the third person could recourse to the debtor according to the Unjust Enrichment rule, or in special conditions according to the Negtiorum Gestio system.