Case Study On The Application Of The Unreal Joint And Several Liability Law

With the constant development of economy and society in china,cases about the unreal joint and several liability in China emerge in large numbers now.However,because of the different understanding of courts in different regions,there is a phenomenon that the result of the same case is often different in different courts.So,it has become a problem urgent to be solved.This article starts from a real case,and then conclude the controversial focus issues,that is,how to affirm the responsibility assignment between the shipper and the broker and whether the consignor can exercise multiple rights of claim.There have long been controversies on the concrete handling of this case,because there's no in-depth study on the unreal joint and several liability in academic circles and the legislation in our country has no explicit provision on whether the consignor can exercise one or multiple rights of claim and the way to exercise.In order to analysis the focus issues in this case,it's necessary to have certain knowledge on the theory of the unreal joint and several liability.Therefore,the author has started from the theory of the unreal joint and several liability,quoted different ideas both in Chinese and foreign academic circles,and made an introduction on the relation and difference of the concepts such as joint liability and unreal joint and several liability,shared liability,concurrence of claims,and vicarious liability since only when the unreal joint and several liability and similar liabilities clearly distinguished can one be aware of the independent value of the unreal joint and several liability correctly.The author has also made a analysis of the classification and efficacy of the unreal joint and several liability discussed the application of the unreal joint and several liability in juridical practice using real cases,assessed laws about the unreal joint and several liability in Chinese legislation,and come up with a idea on how to establish an system of the unreal joint and several liability in the legislation in the future.