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Not The Real Joint Debt Study

Posted on:2006-03-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q S MaFull Text:PDF
GTID:2206360155460988Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of the commodity economy and society, the unreal joint obligation has become an imposing problem in people's lives and judicial practice. Originated from the theory of case law of Germany, it has not been related provisions but admitted in many countries. It is studied little but is very common in modern society. Being not the guidences of the theory and law, this problem is often solved according to the joint obligation and results to many mistakes in judgement. This paper is intended to necessities of setting up the unreal joint obligation under the morden demoractive view of law suit and in the eyes of a legal worker. Meanwhile, the writer has tried to analyse and explor the establishment of the thinking and the theory in our country.The paper consists of four parts. Part one describes the outline of the history, characters , classifications, and validities of the unreal joint obligation .It can be traced to Rome law and Germany case law where joint debt was made up of commonly joint debt and puryly joint debt . Part two generally introduces the deferences and relations between the unreal joint obligation, the joint liabitily, the joint obligation and the other related definitions.Part three anlalyses current situation in dealing with this problem.Nowadays, being not the guidences of the theory and law, this problem is often solved according to the joint obligation and it is easy to make many mistakes in judgement,which is very unfair to two parties. Part four brings forth the suggestion that set up the unreal joint obligation system in our country. The writer insists on depending on the native rescources and the domestic situations, examing our country's legal cultural background, legal theory and social consciousness, learning from the experiences of foreign countries to establish an agreeable unreal joint obligation system in the conflict and the coordination of the reality and ideal.
Keywords/Search Tags:unreal joint obligation, joint obligation, joint liability
PDF Full Text Request
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