A Research On The Unreal Joint Obligation

The unreal joint obligation is a civil law system developed from the judicial precedent theory. This obligation extensively exists in numerous domains of civil and commercial law , we use this theory to solve many problems frequently. The studies on the obligation can help us to grasp its nature, give guidance in justicial practice, vindicate rights of the subject of civil law and preserve society order. In the light of the intention mentioned above, the authour pursues studies on the substantive theory and litigation rules about the unreal joint obligation. The thesis consists of four chapters. What the first chapter discusses is the nature and form of unreal joint obligation. The obligation has five form factors. In this obligation system, there is only one creditor but several correspondent debtors. Debtors are mutually independent .Each debtor undertakes the whole duty to pay damages to creditor respectively. When one of the debtors performs his duty, all other debtors will be exempt from the obligation. Then the performer can secure against his loss to the utimate liable person. In the light of its cause,we can find that there are three typical kinds in such obligation.First,each debtor does not fulfill his treaty duty;second,each debtor implements a statutable offense towards creditor severally; last, some debtor does not fulfill treaty duty respectively and other debtors implement statutable offense towards creditor severally. The second chapter developes thoroughly about the relations between the unreal joint obligation and neighbor law systems.Only through comparing their relations can we grasp their diversities and enforced the rules better.There are four diversities between the unreal joint obligation and the joint obligation.The author also dissertates relations between the unreal joint obligation and other neighbor law systems such as coincidence of claim,...