Research On The Legal Application Of Debt Accession System

Debt accession includes both internal accession agreements and external effective procedures.Therefore,debt accession is a complex system that combines internal and external effects.From the perspective of judicial practice,it is difficult to fully solve the problem of debt accession in practice by relying on Article 552 of the Civil Code alone.These problems are mainly manifested in the unclear rules for determining the facts of debt joining,the ambiguity of the defense rules of the debt joiner,and the unclear rules on the recovery rights of the debt joiner.In determining the fact of debt joining,it is necessary to strictly consider the constituent elements of different systems and combine the inner sincerity of the parties involved in the case to accurately identify the boundary between debt joining and the debt transfer,performance and guarantee systems.In determining the rules for the right of defense of the debtor joiner,Articles 525 and 553 of the Civil Code should be used as the basis for the debtor joiner to enjoy the right of simultaneous performance of the defense,but the right of defense shall only exist when the debtor joins the debt.The debtor has no right to invoke the defence of simultaneous performance acquired by the debtor after the debtor joins the debt,unless the defence is an absolute matter of validity under Article 520 of the Civil Code.Paragraphs 2 of Article 17 and Article 19 of the Limitation of Actions Provisions are the legal basis for the debtor to invoke the right of limitation of actions defense.With regard to the application of such defences,it should be determined whether the accession of debts between the parties constitutes "recognition of the debtor’s debt" and "debtor’s consent to performance" based on the different types of debt joining,and then analyze the specific circumstances that the debtor can invoke.In addition,through an analysis of the connotation of legal causes,it should be considered that the debt accession is uncausal.Therefore,unless the parties agree to exclude the application of the causelessness of debt joining,the debtor joiner has no right to assert the defense of causal conduct based on the bearing relationship.In determining the rules for the right of recovery of the debtor joiner,it is necessary to affirm the appropriateness of the debtor joiner’s right of recovery,and take the joint and several debt rule as the legitimate basis for the debtor joiner’s right of recovery.