On The Double Basis Of Joint And Several Debtors’ Claim And Its Applicable Relationship

Article 519 of the Civil Code of People’s Republic of China(PRC)stipulates that joint debtors who actually bear more than their own share of debts shall enjoy legal claims and legal subrogation.This is conducive to ensuring the realization of the interests of joint debtors,but the applicable relationship between them is still inconclusive in China.In this paper,this topic is studied.In addition to the introduction and conclusion,this paper is divided into the following three parts.The first chapter discusses the basis of claims of joint debtors.The justification of joint and several debtors’ claims is that joint and several debts are actually a collection of multiple debts.The joint and several debtors paid off the debts of other joint and several debtors based on the joint and several debts,so that the other joint and several debtors were exempted for not spending,which was actually paid off by a third party.The constitutive requirements of the statutory right of claim are actually assuming debts and exceeding one’s share.The purpose of establishing the statutory right of subrogation is to strengthen the claim relationship,and its constitutive requirements are consistent with the statutory right of claim.The second chapter discusses the theoretical basis of the applicable relationship between legal claim and legal subrogation.The legal right of claim and the legal right of subrogation arise from the debtor’s joint exemption behavior,and jointly point to the claim purpose of other joint debtors,which constitutes concurrence.In order to ensure the realization of the interests of joint debtors,the two claims should be consistent in appearance through interpretation.The third chapter discusses the practical development of the applicable relationship between legal claim and legal subrogation.The scope of claim of joint and several debtors includes excess share,related expenses and losses,and interest.The starting point of the limitation period for claims of joint debtors is the date when the joint exemption act is implemented.Other joint debtors have the right to claim the defense or right of set-off against the creditor from the joint debtor who claims compensation,but the defense or right of set-off that can be claimed is limited to the defense or right of set-off that the joint debtor can claim when implementing the joint exemption,but if other joint debtors violate the notification obligation,they cannot claim the corresponding defense or right of set-off.The joint debtor who implements the joint exemption behavior obtains the creditor’s security right.When the joint debtor partially pays off,the joint debtor and the creditor form a joint ownership of the security right,but the creditor enjoys priority.