Research On The Theory Of Joint And Several Liability

There has been a long history of joint and several liabilities for more than 2000years from Roman law. Because of its great importance to creditors and debtors, it isin detail regulated in the modern civil law code. But in China it is not regulated,because we have no law code. In this thesis, it is firstly to differ it from other moredebtor definition, then it comes the following two questions, whether the normaldefinition of joint liability can cover all the type of it, and the effect of joint andseveral liability is made on which criteria.Common definition of joint and several liabilities cannot differ from the unrealjoint and several liabilities, according to prevailing doctrine it is said the definition isonly the minimum condition of it. In order to distinguish the two definitions,German scholars developed many theories to make a clear difference, but their trieshad all failed in the last. So it was said that, the joint and several liability is only anempty definition, which aims is to security the payment of credit and the duepartition between the creditors. In my thesis, I have tried to categorize it into fourtypes from the different legal grounds.The effects of joint and several liabilities normally conclude the two sides,which are between the creditors and debtors (outside effects), and among the debtors(Inside effects). As to the outside effects, it is aimed to securify the payment of credit,with the theory of plural liabilities to explain the effects of it and emphasize thereason of "Gesamtwirkung", which is limited by the intention of the joint and severalliabilities. On the inside effects, I will focus on how to make fair partition of liabilitybetween the debtors. In the proceedings, the creditor has the right to sue the creditorsseverally and jointly, so suitable type of joint actions is the common joint actions.As to the questions above, I have some recommendations made for the futurelaw making of China in the end of my thesis.