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Disputation Of External Validity Of The Joint And Several Liability On Inveracious Financial Contribution

Posted on:2013-05-07Degree:MasterType:Thesis
Country:ChinaCandidate:S J HeFull Text:PDF
GTID:2256330425450422Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Based on the analysis of the system of multipartite debt where joint andseveral liabilities lie in and there is no responsibility of mutual supervision among thedebtors, we can find that debtors with joint and several liabilities are independentfrom each other, so that no one needs to take on the liability caused by the others inprinciple. And this phenomenon is defined as relative external validity, while just theopposite as absolute external validity. However, as far as this essay concerned, someten kind of legal facts should lead to absolute external validity, and they can beseparated into two types. One is that one debtor can pay off any part or all of the debt,and the other is that if we don’t make some legal facts have absolute external validity,the legal nexus between the debtors and the creditor may become very complicated.What is especially noteworthy is that the delay of acceptance should not lead toabsolute external validity, and that what we mean absolute external validity in theessay is caused by legal facts happen to one debtor. In addition, in contrast to thelegislation in this field in some other important countries and region, we can find thatthe current one in our mainland is much too brief; therefore it needs some adequateperfection.
Keywords/Search Tags:joint and several debt, the infective, realize the creditor’s rights, fill inimbalance, the liability of sufficiency of corporate capital, transfer the share or stockright
PDF Full Text Request
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