| Joint and several debt is a particular system in civil law and it is of great importance to protect the debtees' right and to maintain the security of trade. In China, Because of the congenital limitation of the legislation of civil law, Joint and several debt appears in civil laws disorderly, and there is not a mature theoretical system. I myself think it is necessary to study Joint and several debt system. This paper mainly analyzes value, causes of formation and internal and external effectiveness of Joint and several debt, put forward my suggestions of consummating Joint and several debt system by referring to the legislation of civil law country as well as Taiwan district and adopting the methods of comparison and reviewing history.The first chapter elaborates the status and meaning of joint and several debts.I find the meaning of the joint and several debt and point out that as the joint debts, the core of the joint and several debt is the relationship of joint. To show importance of the joint and several debt out of several debt, we should analyze the relation between joint and several debt and related system as follows: firstly, fake joint debt and joint and several debt are the same in several debtors, same payment, same payment obligation, yet different in joint and several debt having the connection of subjective purpose between the debtors. Secondly, inseparable debt and joint and several debt are alike in form, but payment of the former is inseparable. Except partial payment and other disapproved things by its nature, the provision of joint and several debts shall apply in other parts. It is not joint and several debt in nature. Thirdly, joint and several debt and joint debt are both joint debts, but joint and several debt has several respective debt, while joint debt which becomes several debt because of several debtors has only one debt. The debtors of joint and several debt can pay separately, while the debtors of joint debt must pay jointly. It can provide structural basis for joint and several debt to divide several debt into separable debt, inseparable debt, joint and several debt, joint debt and fake joint and several debt.The second chapter introduces history and system value of joint and several debt. Historically, joint and several debt originating from Roman law developed with time lapsing, its regulation of effectiveness of joint and several debt much influenced... |
