On Debt Accession

Article 552 of the Civil Code adds the debt accession system to fill the legislative gap,which is in line with the development law of China’s judicial practice.However,it should be noted that debt accession,as a "new" system highly practical and involving multiple interests,the abstract article 552 of the Civil Code is not enough to deal with the complex relationship it involves,and it is difficult to standardize and solve its practical problems.Therefore,it is necessary to understand and think about it correctly and solve the retention problem of the debt joining system.Apart from the introduction and conclusion,this paper is divided into four parts.The first part mainly analyzes the legislative status and existing problems of the debt accession system.Firstly,start from the relevant regulations,understand the legislative status of the debt joining system through legislative sorting;secondly,find the problems existing in the system through the current situation.Specifically,the identification of debt joining is controversial,the difficult problem of distinguishing and guarantee is not solved,and the legal effect of debt joining should be clear.The second part clarifies the identification criteria of debt joining.Firstly,the qualification of debts to the "third party",including the addition of the company,the future debts and natural debts can be identified as debts;again,the debt addition should be strictly written to avoid the occurrence of legal circumvention;finally,the debt addition is different,and the parties have different intentions,and the "agreement" of the parties.In addition,based on the full respect of the parties’ autonomy,the debtor should be given the debtor "right of objection" and the creditor "right of refusal" within a reasonable time.The third part distinguishes between debt addition and guarantee.The ambiguity of the actor’s intention and the similarity of the system level lead to the difficulty of the distinction between debt accession and guarantee.Based on this,the guarantee system interpretation of article 36 of the "doubt presumption to guarantee" rules to distinguish the crack ideas,specifically,should give priority to the parties "intention",to explain the wording,wording explanation "work",interest standards,certainty standard can be used as reference,but not absolutely persuasive,still doubt presumption to guarantee.The fourth part specifies the legal effect of debt joining.Article 552 of the Civil Code stipulates that the third party and the original debtor shall bear the joint and several debts,but whether there is any applicable space for the provisions on the joint and several debts shall be formulated in combination with Articles 178,518,519 and 520 of the Civil Code.At the same time,the joint and several debts should not be derived from the debt.On the question of the right of defense and the right of recourse,the third party may claim that the debt is added to the defense of the establishment,and may invoke the defense of the original debtor,but there should be limits on the basis of the cause of the antigen debtor.The right of recourse of a third party may be agreed upon,but there is no legal right of recourse.In addition,the addition of the debt does not affect the effect of the guarantee on the original debt,and other guarantors can recover from the original debtor or the third party to the debt.