Reflection On The Unreal Joint Responsibility For Space In China

The theory of the unreal joint obligation can balance the interests of all parties concerned fully and the rights and obligations of all parties properly, and take account of both the fairness and efficiency. Meanwhile, this theory is able to protect and respect the rights of parities concerned, and has several values in law, such as the security value, remedying the limitations of the statutory law in addition to saving the expense of the litigation. The legislations and legal precedents in most countries have built up the theory of the unreal joint obligation. However, in China, this theory is facing many difficulties, which is the lack in the aspect of the principal research, the delay in the legislation and the short of the rule about that. This article takes the difference between the unreal joint obligation and other formations of the obligations as well as the rule of the theory of the unreal obligation as a starting point in consideration, to study the unique range of the application of the unreal joint obligation. Finally, this article makes the legislative suggestion of clarifying the range of the application of the theory of the unreal joint obligation and perfecting the rule of that theory.