Study Of Joint And Several Debt System

Joint and several obligation is a important regulation to protect the right. It is a helpful weapon to protect the right of citizens and to keep away the business risk. As the importance of multi-liability, its value of protecting the business security accords with the spirit of modern civil law. This paper introduce the regulations of the civi law countries and analyze the conception, the structure and the effect of joint and several obligation. And, this paper points out the situation in china seems disordered and faulty though there are some regulations in all civil laws and brings forward the advice. So, it is necessary to work on joint and several obligation with intent to provide good guidance to our law research.The first part describes historical evolution of joint and several obligation. First, Retrospect the historical development of joint and several obligation: Joint and several obligation come of Roman law. In nineteenth century , a debate occured in Civil law system succeed to Roman law which joint and several obligation was singular liability or complex number liability. Many scholars agreed the latter one. Second, the paper compare the law of several civil law country : In modern times, all country regulate one joint and several obligation, which have difference in regulations.The second part describes the conception and structure. Joint and several obligation is a severe regulation to debtor, so it is important to regulate the conception and structure. First, the conception in German law is introduced. Second, as a emphases, the paper compare the conception of joint and several obligation and inseparable liability, ungenuine joint and several obligation, joint and several liability to discover the differ of them. Last, the structure of joint and several obligation is analyzed. And the merit and demerit of several theory is discovered.The third part describes what cause joint and several obligation. joint and several obligation is divided into conventional joint and several obligation and legal joint and several obligation. conventional joint and several obligation accords with principle of private law. Debtor abandon the restrict of obligation, take on more obligation in wide area. Legal joint and several obligation belongs to forcible regulation, so the base of its happen and the area applied are the difficulties. This part analyze the legal joint and several obligation from joint and several obligation's situation of our country.