Not The Real Joint Debt Study

Untrue Joint Debt is some concept in Civil Code, developed from judge-made jurisprudence. Such item is built up to balance the rights and obligations between the creditor and the debtor, and between debtors, so as to protect interest and benefit of all parties concerned. The development of society and economy urges us to enhance the study of Untrue Joint Debt. This article is made up of a preface and five parts of text.Part I narrates the history of Untrue Joint Debt. Through study, analysis and comparison, the article gives the definition of Untrue Joint Debt, i.e. several debtors undertake a same obligation of payment to one creditor due to their respective reasons; each debtor undertakes all debts; if some debtor pays the debt, the corresponding obligation will be eliminated.Part II analyses the legal characteristics of Untrue Joint Debt: 1) several debtors hold different debts to one creditor; 2) all debts have some connection on occasional condition; 3) the creditor owns independent right of claim against each debtor; 4) several debtors make only one payment to the creditor, and they have same interest in the payment; 5) there is usually a final responsible person for Untrue Joint Debt. The article also tries to describe the similarities and differences between Untrue Joint Debt and Joint Debt, Share Debt, Claim Concurrency, Claim Assembly and Third Party's Infringment on Creditor's Right etc.Part III makes a division of Untrue Joint Debt according to its cause, joint point and final responsible person.Part IV studies the effect of Untrue Joint Debt. It has external and internal effects. For its external effect, the creditor has the right to claim against one, several or all debtors for part or all of the debt. The article points out the text of judgment for a procedure of Untrue Joint Debt shall be concise, accurate and practicable. Besides, for certain debtor, the external effect of Untrue Joint Debt may be divided into absolute effect and relative effect. The internal effect functions between debtors. It is showed in the occurrence and acquisition of right of recourse. Through analysisand comparison, the article suggests that Compensation Subrogation System should be set up in China.Part V discusses the legislation of Untrue Joint Debt. After analyzing the current conditions of the study and legislation of Untrue Joint Debt in China, the article concludes that Untrue Joint Debt shall be included in Civil Code, and it puts forward detailed suggestions for legislation.