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On the Unreal Joint and Several Obligation

Author: LiJiaZuo
Tutor: LiJianHua
School: Jilin University
Course: Civil and Commercial Law
Keywords: Not true joint debt Final and responsibility Compensation subrogation To the claim
CLC: D913
Type: Master's thesis
Year: 2005
Downloads: 252
Quote: 5
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Abstract


Not truly joint debt for creditors index debtor based on different causes negative to the same benefits as the subject of a number of debt , and other debt that the purpose of creditors when a debtor completely fulfill the relationship of the debt and eliminated . In this paper, our judicial practice in the practical application of untrue joint debt theory to solve real problems as a starting point , first briefly untrue joint debt concept sources , and thus determine the legal value of untrue joint debt system behind . Then , by real joint debt with joint debt , requesting rights competing to be compared in order to dissect the true nature of untrue joint debt . After that, based on the enumeration and analysis of many types of untrue joint debt , it is proposed that a practice is more conducive to resolving the untrue joint debt disputes categorization method . Finally, the combination of real effectiveness of the inside and outside of the joint debt two ways to put forward some ideas for the theory to solve practical problem use of untrue joint debt .

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