Study On Joint And Several Liability Is Not True

The concept of Unreal joint obligation was proposed by German scholar Eiselefirstly, with the development of the times; it was gradually accepted by civil lawcountries and had increasingly become an important Civil law theory. Unreal jointobligation was unlike joint debt that increased responsibility of the debtor, it balancedclaims and liabilities, avoided the contradiction of cases just with the law as a whole,maintained a normal social and economic order and promote social harmony of greatsignificance.Until now, no countries had write this concept into their law, China also did nothave a unreal joint obligation systemic provisions, we only had sporadic clause withuntrue joint nature in some legal provisions, it’s serious truth than institutionaldeficiency and delay in institutional building can not adapt to the social status quo.Blank bring the substantive law on the legal procedures applicable on the confusionaround the court not truly joint and several debt cases different, different judgment, caneasily result in unfair events. Therefore, there is a need for a comprehensive andin-depth study of untrue joint debt.This paper is mainly formed by four aspects, firstly I discuss the basic theory aboutUnreal joint obligation’s concept，characteristics, classification and comparison, andmake my own views of the various theories. The second part analyses both internal andexternal effectiveness of untrue joint debt. The third part is about the judicial applicationof untrue joint debt, I think it is an ordinary co litigation that can chooses by thecreditor, if a court has jurisdiction about one of those lawsuits, he will has alljurisdiction of this case, and the creditor can not respect by the principle of “Non bis inidem”, and the creditor can submit every debtor by his own will. Finally I discuss theproblems of the Unreal joint obligation system in our country, and make suggestionsboth in judicial entity and judicial procedure to providing a practicable guarantee intheory and practice for unreal joint obligation.