Research On The Type Of Allocating Civil Liability By Multiple Persons

The research of civil liability is one of the basic subjects in civil law theories, itshould include the type of civil liability. Civil liability could be divided in manydifferent ways: tort responsibility and responsibility of breaching of contract; liabilityfor fault, strict liability and liabilities for equitable; liabilities burdened by one partyor both parties; liabilities by shares and liabilities in solidarity; property liabilities andnon-property liabilities; limited liability and unlimited liability; liability allocated bynatural person or by legal person. This article focuses on the liability of multiplepersons. The term means there is more than one obligor to the same obligation. Thiscould be divided into two: one is that one party responsible for all, the other is bothparties share the responsibilities. The paper studies on the front one. The category ofliability by shares and liability in solidarity is according to the pattern of burdeningcivil liability, but there are some questions left could be discussed on the category ofmultiple's liabilities. Author supposes that related books in sale did not containenough details of this. Most obligatory theories related to this are decrypted fromother points and did not study the burden of liability directly. This academic articletries to explain the relevant problems of liability types centered around allocatingresponsibilities by multiple persons on the base of multiple obligors' theory.The preface shows the subject of liabilities of multiple persons and points out themain points of the article. Chapter? makes an explanation the source and content of the type of multiple'sliability. It starts with the theory of multiple obligation, then analysis the source ofmultiple's responsibilities, shows up the meaning of the research and introduces thetheories of category of this subject. Lastly, it defines the concept and raises thecategory in this article—liabilities in solidarity, joint liability, liabilities by shares andliability for supplement.ChapterⅡintroduces the liabilities in solidarity. It analysis the concept, character,reasons of been raised, legal force between and out the parties. It focuses on somedifficult problems when the liabilities in solidarity and not-real solidarity liabilities.Author proposes the view that the latter can not be one type pf multipleresponsibilities solely.ChapterⅢfocuses on joint liability. It shows the differences between somesimilar concepts and points out that joint liability should became one type ofmultiple's liability. What's more, it studies on fundamental theories and the scopethat the joint liability could be applied.ChapterⅣmakes an explanation of concept, character, legal force, andapplicable scope of liability by shares.ChapterⅤtouches the history and doctrine of liability for supplement. It analysisthe basic meaning and the type it will be applied, studies some difficult problems inthe field where the supplementary liability should be applied.In the last part, author summaries that further research should be done on theproblem of multiple's liability and a rational system should be established inlegislation.