La reprise externe de dette dans le droit comparé: La reprise de dette

Assumption of debt is the change of the debtor with a contract between the creditor and the new debtor. The genesis and development of the concept is realized in the 19th century thanks to the research of German pandect researchers. When the assumption of debt is concluded, the original debtor is discharged of his debt and the new debtor becomes responsible of this debt instead of him. Despite the change of the debtor, the content and the extent of the debt remains the same. The accessories of debt, with few exceptions, are transferred to the new debtor. That is why, it is accepted that the assumption of debt is a singular succession. This succession does not only affect the creditor and the debtor but also guarantors. To protect the pledgor and guarantor, their consent is required for the continuation of these sureties after the assumption of debt. In addition, the creditor's consent is essential for the assumption of debt. However, it is exceptionally not required in the transfer of assets and the business, just to facilitate the universal transfer of debts. As for the subject of alienation of mortgaged property, the silence of the creditor for a specified period is deemed as consent to the change of debtor. In this thesis, we will analyze the historical development of the concept, then the definition and delimitations, then different models and finally the legal effects of the assumption of debt.