A Research On Unechte Cesamtschulden

Unechte Cesamtschulden originated from Roman law, The essential characteristics and the value orientation of Unechte Cesamtschulden, which came from "simple joint and several obligation" in Roman law, it is the products of abstraction and systematization of continental legal concepts. .It is a civil law system developed by Germany, France, Japan, Taiwan of China and other continental law countries for a long time obtained plenteous results. There is no rule about Unechte Cesamtschulden in the General Principles of the Civil Law of the People's Republic of China. It protects both the untrue joint and several liabilities creditor and the untrue joint and several liabilities debtor and balances both benefits. There are many disadvantages in cases of Unechte Cesamtschulden which continuously emergence in practical life .As one of joint bond, Unechte Cesamtschulden can combined with echte Cesamtschulden and teilschuld reasonable. So the author advocates scholars of domestic deeply research the theory and practice in Unechte Cesamtschulden, and appeal for establishment Unechte Cesamtschulden legislation accord with national conditions .Let Unechte Cesamtschulden play due role in legal system of the People's Republic of China.Abandon from preface and conclusion, the article is divided into five parts. The first part is summary of Unechte Cesamtschulden which introduces related basic concepts. The second part is compared Unechte Cesamtschulden with several correlated concept to deeply research the meaning of first part. It is introduced related legislation at home and abroad in third part. The fourth and fifth studies essentials of composition and effect of Unechte Cesamtschulden .we discuss how to build the related system in the whole legal field., The aim of the paper is introduce Unechte Cesamtschulden system.