Study On Joint And Several Liability

The system of creditor's rights, which is old and new,not only has run neck to neck with the system of real right to constitute two major pillars of the property law, but also become very complete and tight itself. In the law of obligation, it has become early an important domain to research the joint and several liability specifically. The joint and several liability is a familiar phenomenon of the daily life. Taking a comprehensive view to the joint and several liability, we can discover that it's more to study a specific institution than to study the theory deeply; more to study foreign lawmaking situation than to study the law application in China. It makes that studying the joint and several liability couldn't go further. Therefore, it is important not only in theory but in the practice to sort out the joint and several liability completely. The following context are supposed to be included, to give it a definition exactly, to analyze the reason of the joint and several liability profoundly in a simple term, to find out the quality and the constitutive elements, especially to differentiate the joint and several liability from the joint responsibility and the unreal joint obligation, and to analyze the difference between its interior effect and external effect. On the basis of study condition in China, this thesis discusses the joint and several liability from these angles.The first part: The history of the joint and several liability. The history of the joint and several liability has been 2,000 years in the social life. So it's very important to understand the joint and several liability completely by paying attention to the history of it. In this part, the author analyzes the history according to law system of other countries and Chinese legal system. In other countries, especially in Civil Law system, present system of the development of the joint and several liability has experienced changes from joint debt to common obligation to several obligation. Comparatively, the development of the joint and several liability is slower in China. It appeared really in the 80's of 20th century, and has made some exciting improvements recently.The second part: The reason of the joint and several liability coming into being. Essentially, the joint and several liability is a system for protecting creditors, but it is extremely disadvantageous to debtors. There has been few study about reasons, so the text exerts certain beneficial trial. The author believes such factors involved the demands of social economical life, the inevitable request of safe bargain, and the inevitable outcome of reasonable sharing the loss, urge to originate the joint and several...