Joint Debt System

By ways of research on the regime of joint and several obligation in other countries and areas and the practice in our country, this thesis focus on the value, prerequisite, cause and effect of joint and several obligation. ( hereinafter referred to as "joint obligation " ) It contains five parts besides the preface. The total Chinese characters are over 30 thousands.Part one: Connotation of joint obligation. Joint obligation holds an important position in the obligation with several creditors or several debtors. The regime of joint obligation pursues the value of efficiency and fairness, through which it protects transactions. Although i.t has close connection with joint and several liability, it is still different from the latter.Part two: prerequisite of joint obligation. The creditor and debtors of joint obligation have capacity of disposition in principle. But there are exceptions in special occasions. Several debts that compose joint obligation have joint relations coming from joint interests or negligence etc, aiming at protecting the interests of creditor. Each debtor should fulfill all obligation.Part three: Cause of joint obligation. Joint obligation exists in the cases specified by law or by the expressly declaration in the contract. Under special circumstances, the parties implying through language and action should be burdened with joint liability. Although some theories hold that joint obligation applicant by analogy, the author still hold negative viewpoint.Part four: Effect of joint obligation. The effect of joint obligation contains external effects as well as internal effects. External effects deals with the relationship between the creditor and joint debtors. The creditor of a joint obligation is entitled to demand total or partial performance from anyone of the debtors, or from several or all of them, simultaneously or successive. Allthe debtors remain jointly bound to the creditor until the obligation has been performed completely. In the same time, joint debtors have exceptio rights to protect their benefits. On the other hand, the consequence of facts other than those specified by law or contract, generally operate only in favor of or against the particular joint debtors to whom they refer.Internal effects deals with the relationship among joint debtors. When one of the joint debtors has secured the discharge of the other joint debtors by performing the obligation or by other acts, he is entitled to demand from the other debtors the reimbursement of their respective share, plus the interest from the date of discharge.Part five: Suggestions on the regime of joint obligation. Through analyzing stipulation on agency, guaranty and tort concerning joint obligation, the author purports the idea for the perfection of joint obligation and give some suggestions about legislation and justice of joint obligation in China.