On The Joint Responsibility Of Internal Claims

Joint and several liabilities belong to the anabatic form of responsibility. It can givefull guarantee to the obligee of the joint and several liabilities. Therefore, its scope ofapplication is more and more widely. Joint and several liabilities include two kinds oflegal relationships: the internal force of law and the external force of law. The externalforce of law has been widely known, but the internal force of law is easy to be ignored. Inthe legislation in our country, the internal claims have got the approval, but only simplerules. There are different from the civil law countries who have detailed provisions. Thisalso led to the lack of correct understanding for internal claims in the judicial practice,especially in the courts at the grass-roots level. It also lead to contradiction can’t be settledin a timely manner. Based on this, this article first introduces the basic overview of theclaims and its theoretical basis, and then emphatically discusses how to exercise right andright protection. Among them, the second chapter includes three aspects, and mainly triesto from exercise conditions, permissions defined for the further elaboration and the scopeof the right. The third chapter is a brief introduction to the protection mechanism ofinternal claims. This article discussed the practice application of claim through acombination of practical cases. The author may hope it will be helpful to the judicialpractice and the improvement of the legislation.