Research On Joint External Debt

The China’s legislation has not paid enough attention to the joint and several debts,and its regulations are also scattered in the various single-line laws.In fact,there are many problems in the joint and several bonds.This paper intends to discuss the issue of the effect of the joint debt on the affairs of one person.That is,whether the matter arising from a debtor in a joint debt affects other debtors,the matter that can affect the debtor is called absolute effectiveness,and the non-influence is called relative effectiveness.In addition,in Japan and Taiwan,the Three kinds of effects-the absolute effect of the restriction,that is,the part of the joint debtor deducting the occurrence of the event,the other joint debtors have the same rights and obligations in the remaining part.Each of these three effects has its own reasons.When it comes to different matters,the different effectiveness rules will have the opposite effect.As a premise of the study of the effectiveness of the issue,this paper begins with the development of the history of joint debt as a clue,clarifying the nature of the joint debt,whether it is the relationship between single debt or plural debt,here is the difference between the simple joint and the joint,in history In the course of development,although the reasons were not sufficient,it gradually reached a consensus that the joint debt should be the relationship between the plural debts,and abandoned the division of the joint and the joint.Since the joint and several debts are the relationship of the plural debts,the creditors and the various joint debtors have independent rights and obligations,and the joint debtors should be clearly defined.However,both the doctrine and the practice are recognized that the liquidation and liquidation actions can be absolutely effective,according to Germany.The mainstream doctrine,the settlement and the class-liquidation behavior caused the debt to shift.Then,the relative effectiveness of other matters arising from one person is what it should be.However,Japan and Taiwan in the previous revision of the debt law have a large number of absolute effects.Their legislative reasons can simplify legal relations.The author believes that while simplifying the legal relationship,it should also consider whether it is reasonable to change these matters from relative effectiveness to absolute validity.The author believes that there should be three basic points of consideration:the external and internal effects of joint and several debts must be clearly distinguished;The effectiveness of the guarantee for damages and associated liabilities;whether the original risk burden will be changed.Adhering to these three considerations,this article focuses on analysis,exemptions,offsets,merging,aging completion and requests.Part of the debtor said that the exemption of all debts should be absolutely effective,and that some debtors should be excused from exempting the debts they are responsible for,and the relative validity of the creditors should be interpreted to determine whether they are relative or absolute.The offset is relatively effective and cannot be offset.Selling the debts of others;the absolute effect of the restrictions on the mining and mining;the completion of the time limit and the relative effectiveness of the request.