Research On The Independence Of Unreal Joint And Several Liability

Unreal joint and several liability, which is also called unreal joint and several obligation in civil law system countries. It is used to solve mass judicial cases that a number of infringers need to assume liability for the whole damages based on different reasons. As an necessary form of liability or obligation in civil law, although there are very few general rules of unreal joint and several liability in every country, it has been adopted by legal precedents and theories for its unique value and function.Unreal joint and several liability is an system about combination of substance and procedure, the research is the actual need of theory and reality. There are some articles which reflect the characteristics of unreal joint and several liability in civil and commercial laws of China. These articles adjust the value as legislators to choose. Besides, they are also endowed with new characteristics. Although specific rules applicable to unreal joint and several liability are set out in the law of China, we lack general provisions of it. At the same time, the research is not deep enough, a number of scholars have argued the independence of unreal joint and several liability. With the development of economy and society, the legal adjustment of social relations has become increasingly complex and diverse. In recent years, the number of cases about the unreal joint and several liability is increasing, which has become the hot and difficult problems in judicial practice. The imperfection of legislation and theoretical research is not fully applicable to the unreal joint and several liability judicial problems. This dissertation studies the basic theories of unreal joint and several liability, in order to demonstrate the value and significance of it,promote the operation of the system, and to provide theoretical support for the judicial application.Through the study of unreal joint and several liability, it is not the logical reasoning results, but the reality of the situation and summarized. Unreal joint and several liability cannot be contained in other forms of liability, we should affirm its independence. This dissertation not only to clarify the controversial theory of unreal joint liability, but also to provide a theoretical basis for the judicial application. According to the characteristic of unreal joint and several liability, only to combine legal substance and procedure can we effect the legislation purpose perfectly, and to appropriate express the rights of various parties in the balance of interests and interactive relationship between rights and obligations. According to the current civil legislation and civil codification trend in China,this dissertation has made the theoretical foundation to improve the system of unreal joint and several liability.