System Construction Of Non-de Facto Joint Obligation In Dabt

Not really since the concept of non–de facto joint obligation in debt would appear controversial,after a century of its doctrine basically formed a "Reason says the same," "common purpose" and "theory says the same level" as the representative of several or adopted both theory point of view,our academic German industry basically inherited the theoretical point of view,the representative of non–de facto joint obligation in debt was made by Professor Kong Xiangjun.Non–de facto joint obligation in debt of four constituent elements: First,the debt independence requirements;the second is the number of a fortuitous combination of debt;the third is the subject of payment of the same;Fourth,the presence of final responsible.External validity is not true joint and several liability for the performance of one of the creditor or debtor of all requests can be simultaneously or successively whole or in part;the effectiveness of internal performance has been obtained to the final liquidation of the debtor responsible for recovery.Non–de facto joint obligation in debt related to the independence of the legal system different from the characteristics of the joint debt,and judicial practice in different regions of the world and affirmed by the relevant provisions of China's "Tort Liability Act," also reflects the applicable rules of joint and several liability is not true.Because non–de facto joint obligation in debt with independent legal value,while China's current lack of relevant legislation,leading to confusion judicial application,so non–de facto joint obligation in debt will rise to institutional legislative level,to build a complete system of debt most people of our country future Civil engineering backfill real beneficial.This is the writer's relections on legislation on it.