Not Really Joint And Several Liability Analysis

This thesis focuses on unreal joint and several liability,by analysing a traffic accident which caused the passengers’ injuries and deaths and investigating the theoretical problems appearing in the process.Through hackling the theory of unreal joint and several liability and launching a legal analysis of the case, the relationship between each subject is clarified;In addition, by analysing the model of solving this case,this thesis seeks to look for a better solution to deal with such cases,in order to benefit the judicial practice.Difference of opinions in the using of Unreal joint and several liability in this case,is the epitome of the vaguely handling of such problems in our country’s judicial practice. So in this thesis,the author firstly redefines the unreal joint and several liability on the basis of the precedent research results,that is: two or more subjects of liability should assume their obligations respectively based on the payment which occurred accidentally due to different causes.The full or part performance of the obligation of one of the debtor can lead to the full or part elimination of all the debtors in the corresponding range,and can lead to the claim of indemnity between each debtors.In this context,comblining the real cases,the author focuses on the characteristics,types,and effects of the unreal joint and several liability,in order to have a clear understanding of this type of liability.As a thesis which includes case study,this paper puts emphasis on the procedure of the application of the unreal joint and several liability.Though deep analysis,the author realizes the different forms of action should depend on the choices which were made by the obligee based on the situation of the case.And the respective action which have strict limitations or the joint action could all protect the substancial right of the obligee,so the option of the obligee should be ensured considering the complexity in reality.