Joint Debt System In The Majority Of The Debtor Relationship Study

As an important kind of multi-part debt,the joint and several obligation contains the value of efficiency and fairness of civil law.The main purpose of the joint and several obligation is to protect the interests of the creditor and to secure the safety of the transaction.So,by researching on the regime of joint and several obligation in other countries and areas and the practice in our country ,this article focuses on the values ,essential characters ,causes and effects of joint and several obligation.In addition,unreal joint and several obligation which came from "simple joint and several obligation" in Roman law as another kind of multi-part debt,which is very approximate to the joint and several obligation.For making sure of the essential characters of joint and several obligation ,it is necessary to compare joint and several obligation with unreal joint and sevreral obligation.By comparison,the author put forward some ideas on the basis of many scholars' theories about how to differentiate joint and several obligation from the latter.This article contains three parts besides the preface.The first part describes the system of the multi-part debt which exists in many civil law countries and some areas ,such as France,Germany and Japan.Among these countries' civil law, nearly all of them contain the provisions about joint and several obligation.The provisions in the countries' civil law show that joint and several obligation plays an important role in the reality.The second part is the major ideas of this article,in which the author analyzes the connotation and the function of the joint and several obligation to show its pursuing to the values of efficiency and fairness in transactions.This part gives joint and several obligation a definition which shows three characters ofit.Then ,this article observes the prerequisite of the joint and several obligation in two aspects,that is juristic action and legal provisions.Under special circumstance,the parties by implying through language and action,the...