连带债务之涉他效力探析

Analysis on the Third-party Effect of Joint Debt

连带之债的设定原意在于确保债权人的权益,连带之债包括连带债权和连带债务。连带债务制度是连带之债的核心制度,这一制度的设计不仅为债权人的利益提供了更为周密的保障,还更大限度地防范了交易风险。但是,我国有关连带债务制度的规定简单且缺乏操作性。文章在保护交易安全的现代民法精神的指导下,从连带债务性质的角度对连带债务中就债务人一人所生事项之效力进行探析,提出了完善连带债务效力方面法律规定的建议。

The setting of joint liability is focusing on the interests of creditors. Joint liability consists of joint debt and associated debt. The core system of the joint liability is joint debt system. This system not only provides more careful protection of creditors, but also prevents the risk of transaction as much as possible. However, the regulation of the joint debt in China is simple and lack of operability. In this essay, the author analyses on the third - party effect of joint debt and puts forward sound recommendations on the regulation of the effect of joint debt.