Study On The Debt Join System

Debt to join system, is also known as the coexistence of responsibility for debts, the common liability for debts or overlapping. Our country law and judicial interpretation has no clear stipulation, and foreign country is also no clear general provisions in the legislation. However, it has been admitted in recent years in theory and in practice, and has increasingly become a focus in the judicial practice in our country. Although there have been some concepts and elaborated on common debt obligations, debt-free join concepts and theories of architecture have not appeared yet. In judicial practice, it is often determined directly on debt to join, but it lacks clear referee rules. The debt to join the system involves the interests of the creditors, the debtor and the third person. How to balance the interests of three constitutes the system of debt in the theme of the design and the judicial practice. Because of the complexity of the interest relations, the debt to join with guarantee and liability obligations, performance of the bear, and the third person to perform a similar system in the judicial practice difficult to distinguish, the rule of law is extremely scarce, making China’s current judicial practice exists deviation in the use of debt to join system. Liability for debts has become a relatively mature civil law system. Because debt to join system is more common than Liability for debts, the research on debt to join has strong practical significance. By discussing the theoretical difficulties and focus of controversy, we can define the concept, constitutive requirements, legal effect and value system. Then, taking a private lending case as example, we analysis of the case and discuss the qualitative third party promises to signature in IOU. Then, we introduce the concept and historical development process of the debt to join. The debt to join types is divided. The component of debt to join theory is discussed in debt relativity principle, and the identity on the basis of debt. We explore the components of the debt to join, distinguishing whether the necessary legal characteristics of the debt to join, clarifying the nature of the debt relatively, discussing the debtor and the third person jointly and severally liable to the creditors. By demonstrating the achievements, we evaluate the case, trial and enforcement of the status quo again. We discuss the facts of debts acknowledgment and the problems existing in the legal application and evaluation. We introduce the China’s current legislation, trial and execution status of debt to join. We evaluate the bottleneck of legislation of China’s in debt to join. Debt to join legislative proposal is put forward. Finally, we draw the conclusion as follows. Debt to join system belongs to an independent civil law system. Legislation, such as civil code, should respond or at least should be general provisions in the first place. Debt to join system should be complemented in the later legislation and judicial interpretation.