The Study Of The Coexistence Of Debt Undertaking

In the era of modern market economy, the creditor's rights, debts and other intangible properties have become important targets of market transactions.The traditional forms of creditor's rights and debts can not satisfy people's needs, therefore some new ways have arisen at the historic moment, coexistence of debt undertaking in which is one of them. However, the components, nature and effectiveness of coexistence of debt undertaking are controversial in the theoretical area. At the same time, the law did not make a clear regulation. Therefore,how to identify coexistence of debt undertaking and how to apply to it have become a difficult problem in the judicial practice. According to that, building a set of complete theoretical system and applicable rules is particularly important.Firstly, when defining the coexistence of debt undertaking, we should fully respect the autonomy of the parties and add the third person's unilateral promise to the creditors as a new way to produce debt At present. And we should not regard coexistence of debt undertaking as a juristic act of quasi real right, instead,we should understand the debt and contract law because our country doesn't adopt the theory of juristic act of real right.Secondly, on the effectiveness of coexistence of debt undertaking, the third person joining together with the debtor to the creditors breaks through the traditional forms of debt. Therefore, we should measure the interests of the parties reasonably when clearing the rights and obligations between the three parties.Finally, On the judicial application,we should eliminate the similar system fundamentally and combine with its constitutive requirements and objective interests factors, which are designed to identify coexistence of debt undertaking because the law does not make it clearly.At the same time, in order to solve the problem of legal application,the court should make up loopholes according to the legal principle by issuing guidance and reference case.