从实务案例出发谈债务加入的认定方式与追偿问题

关于债务加入虽然我国法律上并无明文规定,但自“苏高发审委[2005]16号纪要”首先提出来之后,无论是法学理论上还是法律实务上均成为讨论和应用的热点。笔者以审判实践中遇到的一种特殊情况为出发点,旨在通过争议焦点分析的方式对债权人做出的替保证人还款这一情况应认定为债务加入,并以案例分析的方式系统的展示债务加入的认定方式,并在最后分析了债务加入人履行了债务之后应如何追偿的问题,希望能够作为在实务中分析认定债务加入的有效借鉴。

The identification and claim compensation from of debt to join from practice case

Although there is no clear stipulation of debt to join in our country, but since first rises from "a discuss from Jiangsu High People''s Court No.16[2005]", this became a great hot issue to both theory and practice. Based on trial practice in a special case as a starting point, we''re willing to argue that controversial focus analysis way to creditors for the guarantor to join, it shall be deemed to be debt payments and system in the form of case study show debt in that way, and in the final analysis of the debt to join people to perform the debt should be how to recover the problem, hope to be able to as analysis concluded that debt to join in the practice of effective reference.