LA EXPROMISIÓN ANTE EL PAGO DEL TERCERO Y LA CESIÓN DE CONTRATO.

Abstract

This work studied the expromissio like contract or contractual agreement for which a third assume, spontaneously and as own, the other people's debt mediating the consent of the creditor. The parts will determine the consequences that suit about the passive accumulation to them or to the primitive debtor's liberation, respecting the article 1.207 of the Spanish Civil Code. In view of this concept, these lines will have for object some reflections around the differences and similarities that, in their structure or in their effects, it presents this institution with the payment made by a third, as well as with the atypical figure of the cesion of contract. The Code contemplates phenomena of extinctive nature -as the payment of the third- and other modificativos, at the time that authorizes other atypical ones and it doesn't impede that, by means of certain indirect mechanisms, identical result is reached. Expromissio and I pay of the third they are supposed different, since who completes in the agreement of the expromission will make it as debtor -the solvens coincides with the passive fellow's identity- in front of that foreseen by the article 1.158 where who intervenes it is a third. The cesion of contract supposes the complet transmission of the active and passive position of each one of the parts. The exam and revision of this figures ratifies the value and content of the article 1.205 of the civil Code for the effectiveness and oponibilidad of any passive singular succession.