Study On The Unreal Joint And Several Liabilities

The concept of the unreal joint and several liabilities is the production of abstraction and systematization of German legal concepts. It plays a positive role in grasping the connection of legal norms, refraining from the contradiction between the individual case justice and overall legal order and forming an organic legal system. The unreal joint obligation is a civil law system developed from the judicial precedent theory. This obligation extensively exists in numerous domains of civil and commercial law; we use this theory to solve many problems frequently. The study on the obligation can help us to grasp its nature, give guidance in justicial practice, vindicate rights of the subject of civil law and preserve society order.The first period of chapter one introduces the origin and current opinions of the unreal joint and several liabilities, stresses on its system value .The second, the third and the forth chapter states the composing elements, types, effectiveness of the unreal joint and several obligations. The unreal joint and several obligation is the relation of obligation that several obligors shoulder several obligations to the creditors on the basis of different reasons, but with the same target, and among them when an obligor's debts totally fulfils, other obligations eliminate because the creditors purpose achieves promptly. Its composing element includes principal part of responsibility, the reasons why the principal part undertakes duties, the contents of fulfillments, the amounts of undertaking responsibilities, the reasons of debts'annihilation, the final undertaker, etc. The writer thinks that the unreal joint and several obligations can be classified two kinds according to if there are final undertakers: there are final undertakers in the first kind and there are no final undertakers in the second kind. The effect of the unreal joint and several obligations is divided into the exterior effect and internal effect because it has not only the relationship between its current creditor and debtors but also the inner part compensation relationship between several debtors. The exterior effect of the unreal joint and several obligations represents in the litigation realm, it includes how the creditor exerts its claim and how to choose litigation rights.