JOINING A DEBT AND ASSUMPTION OF PERFORMANCE – VIEW THROUGH CURRENT LEGISLATION, JUDICATURE AND SOME COMPARATIVE ARRANGEMENTS

Sa？etak This paper analyzes the current Croatian legal arrangement of the institute of joining a debt with a comparative view and examples of Croatian judicature. The focus is on the notion of joining a debt, its legal form, and improving creditor′s position. Special consideration is given on the disagreement between theory and court practice regarding the relationship between the third and original debtors of the main contract, which concern whether they are solidary debtors. Through current and previous legal arrangements and court practise, characteristics of a contract of joining a debt in case of taking over entire property are analyzed. Finally, this paper compares the institute of assumption of performance with some comparative arrangements and with assumption of debt institute