Joint And Several Civil Liability System

Civil joint and several liability regulations in civil and commercial law in major nations with their law tradition belonged to civil law system. The situation in china seems random and disordered though there are some regulations in all kinds of civil laws and commercial laws. It is necessary to work on such a system of civil joint and several liability as a helpful weapon to guarantee citizen's rights with intent to provide good guidance to juridicial practices.The thesis has four parts:Part one describes the outline of the history of joint and several liability. It is pointed the origin of joint and several liability can be traced to Rome Law where joint debt was made up of commonly joint debt and purely joint debt. The contention about the validity of joint debt has a far- reaching influence on later's civil joint and several liability in civil law system. Scholars had different views on whether joint tortfeasors should be burdered with joint and several liability when nations belong to civil law system enacted their civid code in 19th century, but legislator affirmed it in general.Part two explores the basis theories and system value of joint and several liability. Two basis theories should be borne in mine that are the relationship between debt and responsibility and their corresponding joint factors. The value of joint and several liability is that it can to its most extent gurantee debtee' s right of debt . This value is realized through such six factors as amount of property , the number of concerned men, time gurantee and so on.Part three makes a detailed analysis of the primary content of civil joint and several liability. The analyses are extended to a few concrete ideas of which the first is the requistities of joint debt. The requistities of joint debt are that the number of subjects as one party or two parties in debt relationships is more than two. Afterwards, the reasons of joint debts ranks second that are lawful acts and corresponding regulations in laws. As concerned as the external and internal validity of joint debts, the author contends payment, court'sjudgement exemption of debt and so on should have absolute validity while debtor s postpone to fulfill his debt, the situation in which payor is unable to pay and so on should have relative validity. That the payers' ought to bear joint and several liability to their payee is so called internal rights to be paid. Different rights to be paid are recognized by just one simple judgement but more than one furfillments in the end of this part, the notion,type and validity are well investigated, the norm that distinguishs joint and several liability from its unreal one is whether debors have subjective intention to fulfill their debts.The last part first exposes some defaults about civil joint and several liability that exist in China' s civil and commercial laws such as too many concrete regulations versus few macro considerations, extra - emphasis on substantia versus neglect of procedure and conflids that exist between concrete regulations and primary principles. Rinally some propositions are listed to perfect china's civil joint and several liability.