Not Really Associated Debt A Number Of Issues Discussed

This paper firstly described the general theory as the concept,the characteristic,the type and the effect of untruthful joint and several debt in the current academic field. Untruthful joint and several debt refers to the following: many debtors has the same content payment accidently based on different reasons, every debtor has duty to fulfill entirely, one of the debtor's liabilities are all attributable to the elimination of debt. Shichangkuan, divided the untruthful joint and several debt into eight types. There are internal and external validity and effectiveness of untruthful joint and several debt.The author made his own thinking of the the necessity of the concept of untruthful joint and several debt. First of all, no one provided a solid theoretical foundation to distinguish joint debt from untruthful joint and several debt. So there is not a relatively clear definition for us to tell when will lead to joint debt and when will lead to a untruthful joint and several debt in terms of domestic different legal systems integration point of view, or from the point of view of Comparative Law. We find it difficult to justify shortcomings. Secondly, from the point of view of effectiveness, the concept of untruthful joint and several debt seems only a luxury furnishings. Lastly, the most serious thing is that the effect of the so-called associated external debt over the definition is too absolute, resulting in rigid.From the practice of judicial reality in the case, the court basically do not use the concept of untruthful joint and several debt, but the joint debt. It seems that untruthful joint and several debt lack of practicality.The concept of untruthful joint and several debt has not technical significance, but a description of the concept.