On the Institution of Cofigurative Debt Delegation in Chinese Legal System

Considering the defect of legislation and research on the institution of cofigurative debt delegation, the thesis makes a systematical research.It is necessary to recognize the special academic and legislative backgroud in China to understand the position of the institution of cofigurative debt delegation in our legal system.The intension and extension of the institution are studied in the paper.Through analysis of article 84 of Contract Law of PRC and summary of academic viewpoints, the paper holds that cofigurative debt delegation is not contained in partial debt delegation and It is not accepted by Chinese legislation either.There is legislative loophole needed to be repaired.The paper takes the contract aiming at debt delegation as the core to study the settlement mechanism of obstacle in implementation of cofigurative debt delegation.