A Study Of Compensation Of Joint Obligation And Recourse

Joint debt is a fundamental and complex issue in the field of debt law.The system of joint debt has been provided in detail in the civil codes of modern countries because it has the function of guaranteeing the creditors’ claims and facilitating the requests,and also can realize the fair sharing of the debtors’ responsibilities.The adjustment and increase of the rules related to joint debt in the Civil Code make the content of the joint debt system more clear and perfect,but the application of specific rules needs to be realized by grasping the connotation of joint debt.The first chapter of this paper is the introductory part.The first chapter is an explanation of the significance of the selected topic,which describes the background of this paper,the significance of the research and compares the adjustments and modifications made to the joint debt system by the Civil Code.Although the rules of joint debt system in the Civil Code have been supplemented and improved,some of the rules are still ambiguous,and the application of the law may affect the justice of the judicial decision if the standard of application is not uniform,so this chapter compares the rules of the joint debt system in the Civil Code that may cause inconsistent application with the historical development of the joint debt system.Chapter 2 analyzes the creation of joint debt,which can be in accordance with legal acts or legal provisions.Since the system related to joint debt is defined in the part of the Debt section of the Civil Code,according to the system interpretation,the rules related to joint debt in the Debt section are not only applicable in joint debt arising from legal acts,but also the joint liabilities arising from tort based on the relevant provisions of Article No.519 of the Civil Code can be applied.The joint debtors can exercise not only the right of recovery as provided for in Article No.178,but also the subrogation.The rights that a joint debtor can exercise after the creation of a joint liability do not differ depending on the cause of creation.Article No.519 of the Civil Code is the first time in Chinese mainland that joint debtors enjoy the subrogation,which represents a further improvement of the recovery system for joint debtors,but the specific rules of the right of recovery are not comprehensive enough.Chapter 3,starting from the basis of the establishment of the right of recovery of joint debtors and the attributes of the right,further studies the conditions of the right of recovery,the scope of recovery of the right of recovery,the limitation of the exercise of the right of recovery and the legal effects arising from the waiver of the right,so as to find out the correct path for the exercise of the right.The scope of the right of recovery should include the part of the recoverer’s performance in excess of his share,and should also include other expenses and interest,of which the interest part is divided into two parts,one is the interest within the period of the joint debts themselves and the interest arising from delayed performance,and the other is the interest of recovery,the essence of which is the possession of other joint debtors of the recoverer’s funds,and therefore there is justification.Chapter 4 focuses on the relationship between the right of recovery and the applicable subrogation right as stipulated in Article No.519.However,according to the interpretation of the text,the right of recovery has a double claim path,and the subrogation is the reinforcement and supplement of the right of recovery,and the two rights are complementary to each other.In different cases,the scope of the two rights of recovery differs.Therefore,in order to fully protect the interests of debtors,the integrated application of subrogation rights and recovery rights should be favored.