On Some Issues Concerning Unelchte Solidaritat

The word Unelchte Solidaritat was originally put forward by a German scholar, and with the discussion and development, it has been confirmed and accepted by many scholars gradually, while, although there aren't any express provisions about such system in the legislation of every country, it has been accepted and applied in practice by some countries and areas under the continental law system. The legal value of the economy of litigation, fairness &justice, and equitable interest owned by the system of unelchte solidaritat has determined that its theory will play a fairly important role in the judicial practice. While, this system has not been regulated yet by the current civil legislation of our country, and the research on it by the theoretical circle is not deep enough, both of which have led that the judicial practitioners cannot put their function into full play when dealing with related cases. Therefore, an overall and deep research on unelchte solidaritat is necessary to conduct.The basic theory, judicial practice and general legislation of unelchte solidaritat are analyzed and evaluated through three aspects in the thesis.Part-1 is about the legal structure of unelchte solidaritat, in which, from the perspective of concept, key component, legal value, effectiveness, and comparison with similar concepts, the legal connotation of the system of unelchte solidaritat is further regularized.In Part-2, starting from judicial practice mainly, the issues related to the selection of action by creditors and the joinder of actions during the trial by a court is analyzed, and from the aspects of completely protecting the lawful rights of all parties concerned and the economy of litigation, proposals for the judicial practice of unelchte solidaritat are given.In Part-3, the legislative situation of unelchte solidaritat at present in our country is generalized and evaluated, at the time when affirming that such theory has played an active role in justly trailing related cases, it is also pointed out that the unelchte solidaritat has not been ruled as a basic system of the civil law yet, which brings an non-standardized situation to judicial practice. And based on this, the idea to restructure the unelchte solidaritat of our country by adopting general articles matched with stipulation by samples is proposed here.