Research On The Joint And Several Liability

Joint and several liability is constituted by two words:related and responsibility. The research on joint and liability shall emphasize on joint and several with the premise of liability. The essence of responsibility is the strength in law of the right, the existence of responsibility is a kind of state, it is shown as a state of guarantee fulfilling obligations of obligator and a state fulfilling obligations by force when not fulfilling obligations. The debt is a kind of civil legal relation, it forms key element as right, obligation and responsibility, the debt was combined for the three. There are rights to be obligated, obligated to have responsibility in the legal field, the opposite is also true. The basic nature of joint liability is related, namely the related person liable, in order to meet this common purpose of obligee's right in order to pay, what render a service influences each other because of paying. Joint and several liability getting related reason of production identity related, meaning related, behavior related and interests related. The legal principle foundation of related production of joint liability is because of demand, reduction of cost and demand with fair demand, justice and essence for raising the efficiency that are ensured in conformity with the right. According to related,there is necessity to distinguish joint and several liability with unreal joint and several liability, but between joint and several liability and responsibility of substituting , supplement responsibility,there are different. At present the legislation of joint and several liability in our country is comparatively miscellaneous, but there are still gaps and omissions. Legislation in order to perfect joint liability, the author propose the following suggestions: the settlement of joint liability must be within the limit of the party's agreements and the clearly stipulating of the law; Legislation make stipulations to the effect of joint liability; Outside natural persons and legal persons, legislation to stipulate the legal status of the unincorporated society, the debt of the unincorporated society is undertaken by group's property first. When insufficient, the member of community should bear related responsibilities; Stipulate in the agent that authorizes unidentified joint liability to pay attention to illegally, while authorizing is not identified, the bearing should be judged in accordance with the general legal principles of acting as agent of responsibility; Infringing in the field of law, common torts and common dangerous behaviors should all bear joint liabilities , in addition, the law should also stipulates the joint liability of some special torts; On the law of marriage and family, couples should bear related responsibility to the family's living expenses; Besides the law should stipulate the joint liability which the promoter should bear of the company while sets up, should also be introduced to the juridical corporate dose and denied legal principles, stipulate that controllable shareholders should bear joint and several liability in certain circumstances.