On Untypical Joint And Several Liability

According to traditional views, majority debt only includes several debt and joint debt. But there is still another kind ofmajority debt-unechte gesmtschuld which is different from jointdebt in spite of some similar points. In view of its many legal values, we should establish the system so as to balance the interests of each person concerned.In Part I a mistaken sentence of a typical civil ease is analyzed. The reason why the case was made a mistaken is that the judges have no knowledge of the untypical joint and several liability. It is the reason why the article has been written.In Part II the history of untypical joint and several liability is studied on. It originated from Roman law and was first set forth by Germany, followed by France, Japan and so on.In Part III the connotation of untypical joint and several liability is studied on . The definitions about it vary from person to person. On the ground from the analysis of almost all ones I make a new definition in order to reflect the conception correctly. The part also talks about the comparison of the conception and joint and several liability, and other kind of liabilities.In Part IV the exnotation of untypical joint and several liability is studied on . different from the traditional theory classifying the kind of liability only in one angle, the article does in three angles.In Part V the effect of the kind of liability is tacked on, which concludes external effect and inferior one is relatively.In Part VI I suggest the system of untypical joint and several liability should be founded in our country. It is not only possible but also necessary.