The Research On Unreal Joint Obligation

With the development of the society, people participate in social activities more frequently, while life is more convenient, the legal relation of the entire society is more complex, typically manifests as a debt relation. In the previous, the typical model debt relation is the creditor and debtor are both only one person, but nowadays, people pay more attention to trade rate, contact each other closely, and damage occurs frequently, creditor or debtor often more then one, even the both two sides of the debt are majority, this condition is not infrequence. All the debt relations that have several parties, in addition to the joint debt, there is a considerable part of unreal joint obligation, since the development of our country's civil law is backward, unreal joint obligation regulation as a very important civil theory hasn't attract enough attention, but the cases that should use this theory to settle are more and more in judicial practice, though some experts and scholars began to pay attention to this issue, but the studies is very few, there is no related theoretical support in the law of our country, there are only some relative regulations in Insurance Law and other laws So, in the judicial practice of our country, unreal joint obligation is often confuse joint obligation or the other similar law regulation, sometimes apply to the regulations of joint obligation, sometimes avoid this issue.Since joint obligation will enhanced debtor's obligation, so, it couldn't inference, only when there has clear stipulates in law, court can judge the parties undertake joint obligation, but in judicial practice, the situation that no clear stipulates is often occurs, court judge the parties undertake joint obligation, this judge-made law will certainly causes unfair, increase of the debtor's burden. So, it is necessary to expanse the research on this theory, add relative regulation about unreal obligation on legislation, make the conception and effect of the unreal joint obligation clear and definite, then, regulate the unite standard on judicial practice, providing a practicable guarantee in theory and practice for unreal joint obligation.