《合同法》第84條（債務承擔規則）評註

The Commentary on Article 84 of Contract Law: Assumption of Other Debts

《合同法》第84條規定了債務人和承擔人締結的債務承擔合同，它在交易習慣和邏輯結構上都與債權人直接參與的承擔方式有所區別。對於第84條的基礎理論，必須整合無權處分和第三人利益合同等不同的制度進行建構。在此基礎上，對第84條運作中涉及的各個要素，包括債務承擔合同、債權人同意、承擔的原因、承擔人的抗辯權、擔保的存續等問題進行闡釋，以保障良好的法律適用。

Article 84 of the Contract Law provides for the contract of assumption of debts concluded between the debtor and the assuraer, which is different from the way in which the creditors are directly involved from the aspect of logical structure and trading habits. For the foundation of doctrine of Article 84, it is necessary to integrate the different systems including unauthorized disposition and contract in favor of the third party. On this basis, the various factors involved in the operation of Article 84 could be researched profoundly, including the agreement of assumption of debts, the creditor's consent, the cause of assumption, the rights to defense of the assumer, the continuation of the guarantee, and so on to make the application of law precise.