On Legal Issue Of Unreal Joint Obligation

The concept of Unreal Joint Obligation, first proposed by German scholar, was established on the dichotomy of joint obligation in debt, developed and evolved from the concept of simple joint obligation. It was acknowledged in Germany, France and Japan. In Taiwan, it was not only used as legal precedents, but also tried in legislation. This theory was thought to be a "mature and delicate scientific method" in dealing with problems concerned and "a part of excellent culture of civil law".The author synthesizes the methods of history review, comparison and logical analysis. In the research of connotation of Unreal Joint Obligation, the author compares the concepts given by other famous scholars, and demonstrates his own opinion as well. And then, the author compares the Unreal Point Obligation with other similar concepts. This paper also introduces the categories of Unreal Joint Obligation and suggests that the concept of Unreal Joint Obligation should be put in the frame of multi-obligation, which can alleviate the tensions and conflicts inside the system. Simultaneously, due to all sorts of unreal joint obligation which should be induced from the aspect of law characteristic, the occurrence of obligation, the ultimately responsible person and the amount of object should be taken into account when unreal joint obligation is to be classified.As far as the interior effect of Unreal Joint Obligation is concerned, possibility of claims exists. In most cases, sole ultimately responsible person exists, but in the situation of concurrent ultimately responsible persons, the regulations of joint obligation should be applied analogically. The claims are based on the share of obligation in the debtors. In terms of exterior effect, it involves how to exercise the right of request to the debtors by creditors. In the case of sole ultimately responsibility, any issue arising from debtors, in principle, has the relative effect, but the absolute effect in exception. While in the case of concurrent ultimately responsibility, any issue arising from debtors has more effects on other debtors. In view of the unique value of Unreal Joint Obligation, the author suggests to adapt this system to the Civil Code of China.