论连带责任中求偿权的实现

On the Realization of the Right of Recourse in Joint Liabiliies

求偿权的性质应采纳主观共同关系说。求偿的要件应包括须有债务人共同免责、债务人有财产上的给付行为、该债务人的履行无须超过其应负担部分。求偿权的行使应受到必要的限制。求偿权应通过一次诉讼。

Regarding the nature of the right of recourse, the Subjective Joint Relation Theory should be adopted. The recourse of payment must be based on the following prerequisites: debtors jointly remitting debts, the debtor once involved in payment of property and the payment being kept within duty limit of the debtor. So the exercise of the right of recourse will be necessarily restricted with its realization achieved through one lawsuit and repeated executions.