On The Coexistence Of Debt Obligations

Undertaking of co-exist obligation is not regulated in our active law system,so a puzzle dom is made in law practice.Undertaking of co-exist obligation and undertaking of obligation exempting liability which is requlated in Article 84 in Contract Law of the People's Republic of China compose the system of shifting obligation and are applied in the different fields.Undertaking of co-exist obligation offers a new pattern and system choice for the bargaining order in our social life through measuring adequately the benefits of the creditor,the debtor and the undertaker.This thesis is divided into three parts.Part One and Part Two are the key points.Part One:This part discusses the genesis and development of undertaking of co-exist obligation and the compare with some similar concepts.Undertaking of co-exist obligation came of the need of bargaining practice.It is different from and contact with performance undertaking,jiontly guaranty and undertaking of obligation exempting liability.The difference is the legal status of undertaker in this four system.The contact is that the debt connectional leash to debtor is from absence to present,from weak to strong,and contrarily to creditor.Undertaking of co-exist obligation needs some tenable basic.The firstly,there is a contract,but the contract need not exist effectively.The secondly,the debt is coveyable.The thirdly,there is the contract of undertaking debt.The parties' mean is coincident and the third party agrees or informed.In undertaking of co-exist obligationthe undertaker's liability is non-genuinely jointly liability.It is accord with the character which the creditor and debtor undertake the same debt but base different reasons in undertaking of co-exist obligation.That the contract relativity is more and more weaker or breached through with the social development and needs of bargain practice is the theory basis of undertaking of co-exist obligation.The similar real right character of undertaking of co-exist obligation makes the debt transfer and inpels it become effective.It's relative non-reason character makes its effectiveness not be infected by its basical legal relation if no special assumpsit.It is invalid only when there is invalid reason in itself.Part Two:This part conformates elementarily undertaking of co-exist obligation from three perspectives of the creditor,the debtor and the undertaker.It makes the benefits of the three parties of undertaking of co-exist obligation balanced bases the theory of benefit measuring through a series of detail designs in system of the parties' knowing right,answer right,limitation benefit,the right to claim compensation and the rule of understand.Part Three:It discusses that it is necessary and pressing to constitute undertaking of co-exist obligation through the method of practically analysis.It can make up the lackness of undertaking of co-exist obligation in our active legal system through the methods of interpretting and lawmaking,but the latter is a sort of advisable method for good when there is demand in practice and it is more and more matural in theory.