Research On Non-essential Joint And Several Liability

Basing on different reasons, each of the deltors, for the same content, should fulfill the responsibility to the creditors. After one of the deltor's fulfillment, others, as their creditors' purpose acheived, may get the right of refuting that they don't need to fulfill it any more. Such kind of delt is non-essential joint and several liability.The form of non-essential joint and several liability can be classified and arranged by the regulation of permutation and combinations in maths. As a special responsible form, it has common with some people tort without joined intent, joint dangerous behavior, third person encroaching on creditor's rights, and so on. Also it has something different from them apparently. At a same time, non-essential joint and several liability is quite different from the concepts like joint and several liability and so on, in the aspects of forming elements and the effects inside and outside. It has formed its own theoratical system.On the non-essential joint and several liability, the case of indicting many debtors at the same time should introduce common-joinder. The civil-cases between creditor and several debtors should not be affected by criminal case of other debtors. The judge can adjudicate immediately. In the process of executing, variance of compensate amount, differences of perform ability, and final-debtor should be adverted.