论不真正连带债务

The Unreal Joint Debt

要理解不真正连带债务制度的内涵,需要我们从不真正连带债务与连带债务、共同债务、请求权竞合、请求权聚合等相邻概念之界定入手,探讨该制度在债法上的定位及其制度价值,并对其典型形态进行归类研究。不真正连带债务制度在共同侵权法律行为与继承法律行为中有着广泛的适用。

In order to understand the connotation of unreal joint liability, we need start with making sure the ad- jacent concept, for example, the untrue joint debts from joint debts, obligation joint, overlapping of the right of claim, collection of the right of claim and so on. We need discuss the system＇ s value and location in the law of obligation. Studying its typical form and its classification are necessary too. The system of unreal joint liability has been wide applied in tort law and inheritance law.