The Theoretical And Empirical Research On The Coexistence Of Debt Assumption

The coexistence of debt assumption is often overlooked in civil law. In most countries, there are no specific regulations about it, so did China. However as a security institution which could protect obliguee's right, it constitutes the debt transfer institution with the exemption of debt assumption, and both of them have respective application area. The institution is an integral part of the debt assumption system. Through the evaluation of the obliguee, obligor and the assumed part's interest, the coexistence of debt assumption could provide a new model and institution choice of the social activity's transaction order. In practice, the coexistence of debt assumption is also common occurrence, Nevertheless for the imperfection of the law and the insufficiency of the theory research, the application would give arise to many deviations. Especially since the diversity of practice, it's even harder to make the judgment and application.This paper mainly has 5 parts, and the second, third and fourth parts are the essence. The first part is the introduction of the problem, starting from an actual case analysis and lead to the research of the coexistence of debt assumption. The second part is mainly the theoretical part which includes the concept, development, nature and character etc. The third part made a comparison between the debt assumption, agency of debt assumption guarantee of debt assumption and the exemption of debt assumption. This comparative research could go further of the theory and help to clarify the concept and make an acute application.And the fourth part make a research on the effective application condition and conclude that the coexistence of debt assumption should have three necessary conditions, firstly, the existence of debt relationship which do not need the effective existence as a must; secondly, the debt should have the possibility of transfer. Thirdly, there is a debt assumption agreement which should be agreed or informed by the third party.After the fully explanation and discussion of the coexistence of debt assumption's theory and application, the paper goes back to the original case, apply the theoretical view and method to analyze the case, and make a final conclusion of the case on practice basis.