Research On Involved Validity Of The Joint And Several Obligation

The domestic legislation on the effect of joint and several debts is still blank,and the research depth of scholars is not enough.This paper studies the legislative examples of the effectiveness of joint and several debts in civil law countries and Taiwan,and combines with the operation of judicial practice in our country.This paper draw a conclusion that our country should adopt the legislative model of listing plus bottom in the validity of the joint and several debts aspect.According to the order of fully involving his effect,limiting the effect of other persons,not involving his effect,providing for the settlement,the settlement of the substitute,the deposit,the set-off by the right holder,the delay of receipt by the debtor,The interruption of the statute of limitations arising from the creditor's request to perform or bring an action has a full effect on his effectiveness,the expiry of the statute of limitations,exemption,mixing,determination of the limits of the judgment involved in his effectiveness,in addition to the application of the principle of no involving effect.This article is divided into four chapters.The first chapter is an overview of the effectiveness of the associated debt.First of all,the concept and characteristics of joint and several debts are defined,on the basis of which the connotation of the effectiveness of the joint and several debts,combined with the classification of the effectiveness of the joint and several debts of Taiwan,Japan and Germany,is divided into the types.The types are fully involving his effect,limiting the effect of other persons,not involving his effect.Then it emphasizes the value of the joint and several debts involved in him,and lays a foundation for discussing the necessity of the system of the validity of the joint and several debts in our country's legislation.The second chapter first lists the legislative examples of Roman law,Germany,France,Japan and Taiwan about the effectiveness of joint and several debts,then analyzes the causes and value orientation of the different legislative examples of typical matters involving him through comparative law,and then briefly introduces the provisions of China on the effect of joint and several debts.The third chapter,combined with the analysis of the previous chapter,introduces and comments on the characterization of the validity of the joint and several debts in the judicial practice of our country without the legal provisions,probes into the legal effect of the matters relating to the effectiveness of the typical joint and several debts,and has his own opinions.The fourth chapter introduces our draft legislation and academic research on the legislative construction of the effect of joint and several debts,combined with the analysis of comparative law in the second chapter and the discussion of typical matters in the third chapter,and obtains the reference provisions on the matters relating to the effectiveness of joint and several debts.