On Unreal Joint And Several Liabilities

This dissertation mainly explicates the unreal joint and several liabilities, which differs from joint debt in spite of some similar points. The institution of unreal joint and several liabilities has developed and evolved from the theory of case law and it has successfully overcome the limitation of written law and fully embodied the legal value such as fairness, justice and efficiency. The concern and research on this theory in Chinese legal circle has started very late. The author hereinafter has made a comprehensive analysis and study on unreal joint and several liabilities in order to introduce the system and establish our own.Part one: the history of unreal joint and several liabilities. It originated from Roman law and was first set forth by Germany, followed by France, Japan and so on.Part two: in this part a typical case is analyzed. The reason why the case is difficult to treat is that the judges have no knowledge of unreal joint and several liabilities. the system has its unique legal value.Part three: this part mainly introduces the connotation of unreal joint and several liabilities, including its concept; characteristic and the differences from the joint and several liability.Part four: this part provides strict division for unreal joint and several liabilities. The article introduces three categories of unreal joint and several liabilities.Part five: the validity of law of unreal joint and several liabilities. Its effect includes external effect and internal effect.At the end, the author emphasizes that the system of unreal joint and several liabilities should be paid more attention to within the theoretical as well as the judicial circle. Our Civil law had better adopt the doctrine, which can make the system of debt law perfect and complete.