争论与实践 在企业出售过程中,其原来的债务应由谁来承担、如何承担?相关的法律缺少明确的规定,理论界、司法界争论较多。争论主要有几点:①应由出售人即企业原所有人承担。理由是:出售人获得了出售收入,权利义务应当对等,所以出售人不能只从出售企业行为中获得利益而不承担相应的责任,应承担 Argument and Practice Who should bear the original debts in the process of business sale? How to bear the relevant laws? There is a lack of clear rules in the relevant laws. There are more controversies in theorists and the judiciary. The main points of the debate: ① by the seller that the original owner of the enterprise. The reason is: the seller received sales income, rights and obligations should be equal, so the seller can not only benefit from the sale of business behavior without assuming the corresponding responsibility, should bear