The Definition And Application Of The Unreal Joint And Several Liability

The word Unelchte Solidaritat was originally put forward by aGerman scholar Eisele，and with discussion and development on varietyof different theories, it has been entered into our country and applied injudicial practice. Because of no systematic presentation on the unrealjoint and several liability in our civil law in P.R.C., the cases in judicialpractice should be solved with theory, so the justice of the level courtsgradually refers to the rules of the joint and several liability. Otherwise,the justice refuses the rules of the unreal joint and several liability. So it isa strong practice significance to discuss the unreal joint and several liability.I use the comparative method, case method and the annotation methodto discuss the unreal joint and several liability about the other similarliability, analysis the unreal joint and several liability with the historicalanalysis method and the various nation of legislative presentation, finallyuse the point to answer how to set up a complete theory system on theunreal joint and several liability in the legislation and judicial practice.The thesis is divided into three parts：introduction, text, conclution.The introduction is by the case of the study to put forward to thequestions.The text is divided into three parts:The first part is mainly to discuss the history and basic theory of theunreal joint and several liability. I analyze the unreal joint responsibilityand the other tort liability in order to understand the constitutiverequirements.The second part is type and applicable situation of the unreal joint andseveral liability.I summary its basic types, the basic conditions andscope of validity.The third part is to discuss the legislation and judicial practice, the existing problems, and how to perfect the system of the unreal joint andseveral liability. In view of disadvantage of the unreal joint and severalliability in legislation and judicial practice, the author raises thecomments and suggestions to set up and improve the unreal joint andseveral liability. The thesis is to discuss the unreal joint and severalliability by research on the substantive and procedural rules, make it toconstitute a reasonable system by the different law provision and improvethe civil liability system.The conclution is to conclude the thesis and to emphasize the points.