Gesamtschuld Case Theory

Gesamtschuld Case theory is developed from a civil- theory, the main function is balance the relationship between the creditors and equity between the debtor and the debtor and relationship between rights and obligations. We should be fair to protect the legitimate rights and interests of the parties. Strengthening Gesamtschuld study helps to correctly handle a large number of disputes real-life, which is very practical significance.In addition to this introduction, the paper is divided into four parts. The first part of Gesamtschuld system's fundamental problems, including the definition of the concept of correlation and comparative analysis and Gesamtschuld system value. Through a comparative study, the article says, Gesamtschuld index is based on a debtor of different reasons, the same burden of the same content creditor payments. The debtor must fulfill their burden of debt obligations, and for the fulfillment of a debtor, the corresponding debt and for achieving the objectives of the eradication of debt.The second part of the Gesamtschuld type. Deals with the cause of debt, the final connection point responsibility, and whether or not two people, Gesamtschuld the type of a comprehensive summary and analysis.Partâ…¢is about the legal effect of Gesamtschuld. Gesamtschuld performance is reflected in the legal effect of both internal and external. The article maintained that the effectiveness of external creditors and the debtor, creditors, the debtor can be in one, several or all requests fulfilled, can also be a number of the debtor or to request some or all of the debt. Internal effectiveness of the debtor between performances is based on the right to recover for and how to get it. Through a comparative analysis of the view that China's mining legislation should adopt subrogation compensation system.Partâ…£is on Gesamtschuld system of the Legislative Council constructure. The article analyzes China's Gesamtschuld system of the status quo, applies to the judicial analysis, and points out that China's Civil Code should provide the system, and put forward specific legislative proposals.