Researchu On Joint Debt Regulation Of Chinese Civil Code

In the civil law system countries,there are different laws on the relationship between joint and several obligations and undivided obligations,synergistic obligations and common obligations.Chinese scholars advocate adding rules of synergistic debt,non-partible debt and common debt in the Civil Code.Based on China’s unique national conditions and legislative tradition,the current legislation stipulates that the type of debt of the majority is the dichotomy of debt in shares and joint and several debts.The connotation and applicable rules of joint and several debts should adopt a broad joint and several debts rule,which includes undivided debts,cooperative debts and common debts.Joint and several debt in a broad sense means that the debt relationship is plural,the debt of the debtor has a common purpose,each joint and several debtors bear the same payment,and each debtor has the obligation to repay all or part of the debt.There are two types of joint and several debts.One is that the joint and several debts bear all the payment obligations,the creditor can choose one of the debtors to perform all the debts,and the other is that all the debtors must cooperate to perform all the debts.Based on the connotation of joint and several debts in a broad sense,there are theoretical disputes on the understanding and application of Articles 519 and 520 of the Civil Code.In the internal recovery rules of joint and several debtors,the right of subrogation and the right of recovery should not be exercised either.The right of subrogation should belong to the right of recovery and be strengthened.The combination of the two is more in line with the legislative tendency of our country.The Civil Code stipulates that "joint and several debts shall not be presumed",but in judicial application,it is inevitable to assume joint and several debts.The principle of "joint and several debts shall not be presumed" should be adopted,and exceptions of presumption may be allowed in certain circumstances.Combined with the connotation of joint and several debts in a broad sense,there is room for discussion in the application and interpretation of the new joint and several debts related to other effects in the Civil Code of our country.The interruption of the statute of limitations,the expiration of the statute of limitations and the determination of judgment should be analyzed in specific circumstances and should be improved.