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Theory On Unreal Joint And Several Liability

Posted on:2012-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:J ShaoFull Text:PDF
GTID:2216330371453235Subject:Law
Abstract/Summary:PDF Full Text Request
There is no systematic presentation on unreal joint and several liability in the P.R.C. Civil Law teaching materials. Unreal joint and several liability is much more complicated than joint and several liability and is easily confused with other nearby civil legal system, which make this immature theory more multifarious. However, unreal joint and several liability widely exists in real life and judicial practice, and more and more cases in judicial practice should be resolved with this theory. Therefore no systematic presentation makes judges incapable of handling and precisely exercising this theory in specific cases, and thus leads to the inconformity of case judgment by the people's courts all over the country, which seriously affect the unitary and authoritativeness of the law.This thesis takes the concept and constitutive requirement of unreal joint and several liability as the access point. Through analysis of the concept and comparison with other type of debts, we may get a comprehensive knowledge of unreal joint and several liability to accurately ascertain the liability in judicial practice. There are five parts in this thesis. First part introduces the basic theory of unreal joint and several liability, including the concept of unreal joint and several liability, constitutive requirement of unreal joint and several liability and current legislation status on unreal joint and several liability in China. Second part is analysis of unreal joint and several liability and comparison with other debts and sets forth the unique of unreal joint and several liability theory through analysis and comparison. Third part is typological research on unreal joint and several liability and tries to present detailed theory on unreal joint and several liability through research and analysis on classification. Fourth part sets forth the effectiveness of unreal joint and several liability which further presents the importance and non-substitutability of unreal joint and several liability theory. Fifth part is conclusion and induction of this thesis and summarizes the necessity and urgency of establishment of unreal joint and several liability system or legislation thereof.
Keywords/Search Tags:Liabilities, Joint and Several Liabilities, Unreal Joint and Several Liabilities
PDF Full Text Request
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