Study On System Of Joint And Several Liability

Joint and several liability is a kind of special liability system in civil and commercial law, whose tendency of value lies that it can safeguard the full and timely realization of creditors'claim in maximum, and it exerts important function to maintain safety of transaction and stabilize social economic order. It has been paid worldwide attention in the legislation of civil and commercial law in most countries and been widely applied in judicature, however the related current situation of our country is the dispersed legislation and confused judicature, therefore it's greatly necessary to study the question thoroughly and systematically. Through analyze joint and several obligation and joint and several liability, the dissertation puts forward the concept of joint and several liability is "a kind of special civil liability that anyone or several persons in the several subjects liable with implicated relationships of conduct or interests shall be liable to compulsory and full perform to outside and own right to recourse inside provided for by law or contract."This concept discloses the main characteristics of joint and several liability. At the same time, the dissertation makes a comparison and analysis among joint and several liabilities and other ways to take the civil liabilities to differentiate them when applying them. The dissertation analyzes that the reasons for which the joint and several liability comes into being are the breach of contract and infraction of law, and discusses the validity of the joint and several liability from the exterior and interior aspects. In order to perfect the joint and several liability system of our country, the dissertation firstly points out the drawbacks lied in the joint and several liability system of our country from the two aspects of legislation and judicature, and on the basis of which the dissertation puts forward the ideas of perfection, expecting to make the legislation and judicature of joint and several liability more scientific and reasonable.