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The consequences of assuming debts: Selected substantive and procedural issues

Summary/Abstract: In this article, the author takes on the issue of the civil law consequences of assuming debts. Their reflections are divided into two parts. The first part is constructed around the characteristics that make up the procedure of translative and rotational (i.e. releasing from the debt) replacement of the debtor, which allow for the procedure’s identification (also in terms of legal consequences) and sufficient differentiation from the competitive model of replacing debtors, namely novation. This concerns a legal succession with respect to the debt and obligation relationship, the release of the previous debtor, and preserving the nature of the subjectively transformed (converted) obligation. The aforementioned issues are reflected in the subject matter of the second part of the article, which is based on elements of the obligation relationship and the distinction between simple and complex obligation models. Covered under this part are, among other things, the questions of debt assumption in joint and several obligations with single, periodic, and continuous performance, unilateral and bilateral obligations, including those of reciprocal character, and the effects of assuming a debt on respective elements of the subject matter of the obligation, e.g. with regard to the issue of succession concerning rights to unilaterally shape legal circumstances. Finally, the consequences of assuming debts on liability relationships have also been given a brief mention.

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