On The Unreal Joint And Several Liabilities

With the development of the commodity and society ,the unreal joint obligation has become an imposing problem in people's lives and judicial practice. it is studied little but is very common in modern society. Being not the guidance of the theory and law, the problem is often solved according to the joint obligation and results to many mistakes in judgment.This article makes every effort from the modern legal idea, elaborates this question from the following five aspects:The first part, draws out the dispute from an illustrative case to the dispute earnest analysis, compared with the joint and several liability, the request power compete gather, the third person to infringe upon the right, the common dangerous, the non-meaning contact right infringement, the writer draws the conclusion: This is the new system which one kind is urgently needed to study. It is the unreal joint and several liabilities.The second part, elaborates the unreal joint and several liabilities definition, and analysis the main body aspect, the object aspect, the subjective aspect, the objective aspect.The third part analyzes the unreal joint and several liabilities classification, The abuse of authority competes gathers, the debt not to fulfill competes gathers, the abuse of authority and the debt fulfills competes gathers, the contract debt and the abuse of authority competes gathers, the contract debt and the debt fulfills competes gathers and so on. And the writer profoundly analysises the unreal joint and several liabilities typological significance.In fourth part the effect of the kind of liability is tacked on, which concludes external effect and inferior one is relatively.The fifth part, above analysis foundation, has discussed the unreal association debt in our country's present situation, such as the unreal joint and several liabilities word usage difference, theory existence difference, the unreal joint and several liabilities short-term and long-term legislative tentative plan.