With Lending The Legal Analysis Of The Dispute

Debt to join the system and the exemption of debt to assume the system belong to the scope of the debt transfer system, the two are not the same scope of application.The system of debt by adding is helpful for the protection of creditors as well as promoting transaction to form a very important role. However in theory continental jurisprudence the lack of in-dept study and discussion; the lack of clear rules legislation is clear.. That judicial practice can not find a clear legal basis for such cases.. Leading to confusion and doubts in the judicial practice in similar cases the referee different and even diametrically opposed unfair injustice..To solve this problem, I selected a typical case of debt to join in the social life combine with case studies and explore debt join the system from two aspects the theory and judicial practice, the case study method, document analysis, inductive study method and comparative approach, but these methods are alone be used, but rather staggered expanded. Of this writing, divided into the following four parts::Part1:Case Overview argue the main points put forward question:namely, how the behavior of third-party signature on the contract of loan in the case of qualitative?Part Ⅱ:a case, the concept of debt involved in this case by adding the system elements and legal characteristics and nature, for a similar system in the third person on behalf of the discharge, the exemption of debt and guarantees a comparative analysis and further clarify the difference between them and complete comprehensive exposition of the debt by adding system. Analyses of the problem..Part Ⅲ:a case of legal thinking. Include the case law and legislative thinking. That signature behavior of a third party in the loan contract should not be identified to assume the debts of the exemption, the third party to perform and guarantee should be recognized for the debt to join. And analysis of the legislative status quo of China’s debt to join the system, put forward a sound legislative proposals, in order to make a more fair and equitable treatment of similar cases in the judicial practice in the future, also contributed to the relevant legislation to be perfect. Solve the problem.