Research On The Issue Of Debt Undertaking Between Creditors And Third Parties

Debt undertaking are different in terms of trading habits and logical structure according to the nature of the debt undertaking and the subject among the debt undertaking agreement.According to the different subjects,the debt undertaking can be divided into the debt undertaking between the creditor and the third party and the debt undertaking between the debtor and the third party.According to the of the debt undertaking,debt undertaking can be divided into exemption and coexistence of debt commitment.As a result,debt undertaking can be divided into four types.In the current law,the debt undertaking is stipulated under Article 84 of the Contract Law,which only stipulates the debt undertaking between the debtor and the third party.The "Civil Code: Contract Compilation"(draft)is improved in the debt undertaking.The Article 341 and 344 of draft have added coexisting of debt undertaking.If the legislation does not make major revisions,the type of debt commitment covered under statute law will change from one to three.Although there have been improvements,the draft still misses the exemption of debt undertaking between creditors and third parties.Although there has been some progress in the legislation,For the debt undertaking between the creditor and the third party which has been studied less,the basic theory behind it should still be clarified.Regardless of the coexistence of debt undertaking between the creditors and the third party that have already appeared in the draft,or the exemption of debt undertaking between the creditors and the third party that have not yet appeared,should be studied from the basic theory.Further study the debt undertaking contract,the debtor's consent,the reasons for the undertaking,and the defender's right of defense to explain in more detail of debt undertaking to ensure that the law is better applied in the future.