论我国连带债务制度的立法发展与司法完善

On the Legislative Development and Judicial Perfection of the System of Joint and Several Obligations in China

《民法典》第518—520条规定了连带债务的对外效力、对内效力和涉他效力事项,在我国首次建立起较为完整的连带债务制度。不过,《民法典》关于连带债务的规定存在一些需要解释和澄清的问题。通过运用法律解释和漏洞补充的方法可知,诉讼时效中断事由属于连带债务的相对效力事项,诉讼时效期间届满属于连带债务的限制绝对效力事项。《民法典》第519条第3款规定的连带债务人追偿权的扩张制度,在解释上需要予以细化。不可分债务在符合连带债务的构成要件时,可以参照适用《民法典》关于连带债务的规定。

Articles 518-520 of Civil Code of the People’s Republic of China stipulate the external effect,internal effect and involve-others effect of joint and several obligations. This is the first complete system of joint and several obligations established in China. However,there are some disputes to be explained and clarified about the provisions of the Civil Code on joint and several obligations. Through legal interpretation and loophole supplementation,it can be seen that the discontinuance of action limitation is a matter of the relative effectiveness of joint and several obligations,and the expiration of the action limitation is a matter of limit absolute effectiveness of joint and several obligations. The expansion of the joint and several debtor’s right of recourse stipulated in Article 519,paragraph 3 of the Civil Code needs to be refined in its interpretation. When indivisible obligations meet the constituent elements of joint and several obligations,the provisions of the Civil Code on joint and several obligations may be applied by reference.