The Parties Of The Unreal Joint And Several Debt

The Unreal joint and several debt is a concept below the civil law system and just grew up within the judicial practice of continental legal system. The Unreal joint and several debt was considered as a mature theory and used in the judicial practice though it has not been specified in the law. It is difficult to research on the practice of a abstract theory, to make sure this research will not beyond the nowadays legal framework, and to manifest its value and accepted by the judicial authority in a typical statute law country like China.According to my research level and life experience, I can not solve all questions relevant to the unreal joint and several debt. So this paper will focus on the first question in the civil procedure,namely, how to identify the parties of the unreal joint and several debt.The first chapter of this paper is to introduce the overview of the unreal joint and several debt, including the study method, mainly controversy and current research situation. The following procedural research will base on these views. This second chapter is the summary of current judicial situation according to extensive relevant judicial judgment online. Pointing out that our judicial practice are not uniform, even be a chaos state, which illustrates the necessity of procedural law study. The third chapter clarifies the right view of identifying the parties of the unreal joint and several debt, based on the theory of litigation object and litigation right. First of all, this chapter analysis the choose rights of the parties and point out that the parties shall be owed the independent choose rights in civil procedure. Secondly, clarify that the parties’ litigation rights shall not be suppressed by judicial authority. And then, analyzes that the court how to deal with the prosecution at the same time, and how to choose the ways of trial. Finally, put forward my opinions to a further research on the theory of the parties of the unreal joint and several debt according to the proceeding analyzes.