Research On The Application Of The Distinction Between Debt Participation And Guarante

Debt accession as a credit enhancement measure has a long history in practice,because of its security function,which makes it difficult to distinguish from guarantee(especially joint and several guarantee liability).The Civil Code establishes the debt accession system,but there is a lack of specific circumstances and the application of the rules on refining the accession of debt.In order to apply this system into judicial practice better,the thesis is as following:The introduction introduces the purpose,content,method and significance of this paper,and composes the current situation of the research on the issues.The first chapter mainly analyzes the concepts of debt accession and guarantee distinction from the basic jurisprudence,analyzes the legal definition,convergence and difference between them,which argues that the distinction between the two has its necessity and practical significance.The second chapter examines the existing differentiation between debt addition and guarantee in judicial practice,and specifically sorts out the judicial practice process from "creditor’s interest protection standard" to "interest protection standard" and the advantages and disadvantages of each standard.The third chapter discusses the establishment of "standard of expression of intention,presumption of guarantee in case of doubt" established in the Civil Code,and tries to summarize the specific situation of standard of expression of intention with typical cases.The fourth chapter discusses whether the reference application and differential application of the debt accession to the partial guarantee rules are legitimate under the current legislation,and points out that there is room for it.However,there are differences in four aspects,such as the difference in the exercise period of power,so the guarantee rule cannot be applied.