The Research On Unreal Joint And Several Liability

Unreal joint and several liability is a kind of liabilities that has a special connection withjoint and several liability.It was discussed first by german civil law scholars,with the meaningof making those cases without legal connections as joint and several liability a different legaleffect,even though they were to direct at "the same payment" while joint and several liabilitywas the same.Although it is not laid down in plain terms in many countries,in virtue of itsvalue on restricting use of joint and several liability and filling the gap of restriction,themeaning of this concept is wide admitted,but still disputable in theory.The author hereinaftertry to arrive at a conclusion that could be in accordance with law system of our country andalso useful.This article is composed of the following parts:Part one is the summary of unreal joint and several liability.An introduction of theconcept and the value of the institution.Part two is history of unreal joint and several liability.The author is introducing the rise ofthe concept and its theories.This part has a great guiding effect of adoption on rules.Part three is comparative law method on the concept.The author talks about relativesituations of the concept,such as Taiwan province and Germany.Part four is analysis of institution and legislation of our country.By analysing theessentials of the concept and differences of relative concepts.The author arrive at a conclusionof our own situation.Part five is the theory and method our country should adopt.The author show a conclusivesettlement of unreal joint and several liability.At the end, the author summarized the anterior parts,evaluate the theories we know,gaveus the final conclusion.The country should not adopt other regions`method,the methodsuitable for our country is the principle of legality on unreal joint and several liability.