Study On Debt Accession

Along with the development of China’s market economy,debt accession as a means of credit enhancement began to appear frequently in practice.However,against the background of a long absence of regulations,the security properties of debt accession often led to its easy confusion with guarantee,and it was difficult to standardize the definition of the two in judicial decisions,and there were difficulties in the determination of debt accession.In recent years,the introduction of the Civil Code has marked the legalization of debt accession,putting an end to the awkward situation where debt accession had long been nominal but not real.Although the Civil Code provides for the accession of debts in a separate article,the simple article cannot properly deal with the complex problems in practice.For this reason,it is necessary to clarify the connotation of debt accession on the basis of the provisions,analyse the constitutive elements and legal characteristics of debt accession,as well as the effects on the three parties,so as to facilitate the distinction between debt accession and guarantee in practice.From the viewpoint of the constituent elements,the meaningful elements of debt accession have been written in the article,but the formal and subjective elements lack relevant regulation,which is contradictory to the guarantee function of debt accession,and should clarify the requirements of the form and the qualification restrictions of the subject.From the viewpoint of legal characteristics,there is a controversy regarding the cause of debt accession and the form of liability of the third party,and debt accession should be a relatively causeless act,and the third party should be jointly and severally liable with the original debtor.From the point of view of the effect on the three parties,although the provisions of the accession of debt are located between the provisions of the exoneration of the assumption of debt,the provisions of the exoneration of the assumption of debt should not be common,for different types of accession of debt,the way of its establishment is different,the rights and obligations of the parties in different types of accession of debt should also be different.By clarifying the connotation of debt accession,it will not only facilitate the distinction between debt accession and guarantee in practice and provide guidance for judicial decisions,but more importantly,it will prevent the debt accession system from becoming a subordinate to guarantee and losing its independent value.