The Research Of Assumed Liability System

Assumed liability system as a way of debt transform,occurring along with the commodity development,that maintain the identity of contract when debtor change the typical characteristic of the system,this typical characteristic is also the key to distinguish the other similar system.In a narrow sense,assumed liability is considered a way to transfer debt,in which the old debtor release to perform the all or part debt,the third party become the new contract debtor,therefore,the duty of old debtor was be exempted,this is the typical type of assumed liability.There is also exist another type of assumed liability,in which the third party as a new debtor join in the contract,perform the obligation together with the old debtor.However,only a little country bring it in legislation,much more was on academic and judiciary.In our country,although has some regulation on law then still has huge space to improve.The deficiency in legislation and vague opinion made by party lead to a confusion on distinguish similar system,as well as lead to the difference on judgment.Therefore,research the basic issue,such as effectiveness and legislation as well as the judiciary trial about assumed liability has a deeply important meaning to improve the assumed liability system in our country.On research methods,the paper through the way of history,the way of combine theory with practice and the way of positive analysis.Around the assumed liability itself to analysis the difference between similar system and assumed liability on theory and judiciary.Except the introduction,the paper conclude four chapter.Chapter one,research on the concept and constitute of assumed liability.Chapter two,found the issue in legislation and judiciary about assumed liability,and present the significance for research issue.Chapter three,based on the type of assumed liability,deeply research the effectiveness of the right on defense,interest and guarantee by third party.Chapter four,distinguish the difference between assumed liability and the guarantee even the type of fulfill by third party.