The Analysis Of The Unreal Joint And Several Liability

The unreal joint and several liability is an important civil law system,although in our judicial practice is often used, but its theoretical principleshave not been explicitly listed as civil liability form. Not only have thetheoretical circles on the more controversial, practitioners often also with thejoint and several liability, the supplementary liability mix phenomenon, so it isnecessary to accurately defined its connotation and extension.This thesis looks into the definition and classification of the unreal jointresponsibility, through the analysis of the characteristics and causes offormation, the unreal joint and several liability is defined as: a plurality of thedebtor based on different legal relations arising from the presence ofalternative relationship between the payment obligation, the debt per capitashould be performed, and any of the debtor’s performance are can make allthe debt to the debtor to eliminate legal relationship. At the same time, thisarticle through to the common practice of the unreal joint and several liabilityforms are classified and the unreal joint responsibility, within the externalvalidity of analysis, and then with the joint responsibility, the responsibility, thesupplementary liability in practice easily and untruthful joint and severalliability to be confused with the common methods of bearing civil liabilitycomparison.This thesis also around the unreal joint and several liability legal relationship in the judicial practice common litigant arrangement, jurisdictionand the judgment of common problem analysis and discussion, and putsforward the solution for the unreal joint and several liability application,remove obstacles.Finally, through analysis of unreal joint and several liability legislation inChina and the necessity of unreal joint and several liability derived through, topredict the future unreal joint and several liability the codification trend.