Study On The Effectiveness Of One-person Matters In Joint Debt

The effectiveness of joint debt is an important part of the joint debt system.However,due to the fact that my country’s legislative circles have not paid enough attention to the effectiveness of joint debt for a long time,the contents including the effectiveness of the one-person issue in joint debt are only scattered in some judicial interpretations.The "Civil Code of the People’s Republic of China" stipulates the validity of matters arising from one person in joint debt,which solves the predicament of the blank of this provision in my country’s legislation before,but the understanding and application of the system will be in the future In the study,we still need to focus on the discussion.The effect of matters arising from one person in joint debt is the impact of changes in the relationship between a creditor and a joint debtor on other joint debtors.The scope of the object is still between the creditor and the debtor,which must be distinguished from internal effects.Of course,whether it belongs to the scope of the external effect of joint debt remains to be studied.Joint debts are the relationship of plural debts.It is generally the case that matters arising from one person in joint debt are not as effective as other joint debtors.Investigating the reasons for the effect of the matters on other joint debtors is mainly to satisfy the common purpose of the debt,or to simplify the legal relationship and avoid the complicated cycle of the compensation relationship.Combining the current legislative provisions and the application of judicial practice to this issue,it can be concluded that the current clearly stipulated validity matters have basically been able to solve the problems in practice.The relevant situation,and the academic community also reached an agreement on this.However,the current legislation does not form a complete system.There are still problems such as lack of principled norms,incomplete content of some effective items,and improper application of individual effective items.These problems make the current joint debts of one person’s effectiveness content unable to satisfy.The needs of judicial practice.When analyzing the effectiveness of matters arising from one person in joint debts,it is necessary to consider factors such as the nature of joint debts,the nature and positioning of the effectiveness matters themselves,and the risk burden.These factors are the basic reasons for determining the effectiveness of the effectiveness of the matters.In the current general validity content of matters arising from one person in joint and several debts,the performance of the debt or the deposit of the subject matter and the mixing have absolute validity and restrictive absolute validity respectively.There is no dispute about this,but other validity content needs to be modified: the absolute validity of the acceptance delay should be added with exceptions exclusive to the legal effect of paying the debtor;the subject of the offsetting of the debt should be clearly limited to the specific debtor who has the creditor’s rights to the creditor;the effective content of the exemption should be expanded,and the creditor should only be exempted from a certain.On the basis of the absolute validity provisions of the debtor’s debt generation limitation,different circumstances for exemption from a certain joint debtor are included;the validity content of the limitation issue is re-determined,and the suspension of the statute of limitations and the completion of the statute of limitations are both relatively effective matters;Finally,add to promote the completeness of the effectiveness of matters arising from one person in the joint debt.The thesis also compares foreign legislative models and their reasons,combined with theoretically related research results,and finally explores the norms that meet the social development of our country and meet the purpose of setting up the joint debt system,that is,the contents of the effects of one person in the joint debt should be listed.The legislative model with the bottom line includes restrictions on the application of special effects,and at the same time simply enumerates typical relative effects for principle provisions,so as to achieve a comprehensive regulation and effective application of the effectiveness of matters arising from one person in the joint debt.