How to compensate between jointly and severally liable persons, and how to compensate for joint and

Joint and several liability means that each responsible person bears responsibility according to the request of the right holder regardless of the share and order. When the right holder makes a request, each responsible person shall not refuse on the grounds that it exceeds the part that he or she should bear. The General Provisions of the Civil Law stipulate that if there are two or more debtors on one side, each debtor with joint and several obligations shall have the obligation to pay off all debts, and the person who performs the obligations shall have the right to demand that the other persons with joint and several obligations pay his share of the debt.

Both the General Provisions of the Civil Law and the Guarantee Law stipulate that the guarantor has the right to recover from the debtor after assuming the guarantee liability. The above-mentioned legal provisions indicate that after the jointly and severally liable persons have assumed joint and several debts, they may recover from other persons who are jointly and severally liable in accordance with the law. According to the fault principle of joint and several liability, the assumption of joint and several liability can be divided and judged according to a certain proportion of the losses caused by infringement or breach of contract, and the liability for compensation for all losses or part of the losses can be borne by the liability.

Legal basis: Article 87 of the General Principles of the Civil Law of the People's Republic of China provides that if the number of creditors or debtors is two or more, each creditor who enjoys joint and several rights shall have the right to require the debtor to perform its obligations in accordance with the provisions of the law or the agreement of the parties; Each debtor who is jointly and severally liable has the obligation to pay off all debts, and the person who has fulfilled the obligation has the right to demand that the other persons with joint and several obligations pay his share of the debt.

If the jointly and severally liable person is not liable, the right holder may negotiate with the jointly and severally liable person to handle the matter, and if the negotiation fails, it may file a lawsuit with the people's court.

Civil Code of the People's Republic of China

Article 178: [Joint and Several Liability]Where two or more persons bear joint and several liability in accordance with law, the rights holder has the right to request that some or all of the persons jointly and severally liable bear responsibility.

The share of liability of the jointly and severally liable persons shall be determined according to the size of their respective liabilities; Where it is difficult to determine the size of the responsibility, the responsibility is to be borne equally. The jointly and severally liable persons who are actually liable in excess of their own share of liability shall have the right to recover compensation from other jointly and severally liable persons.

Joint and several liability shall be prescribed by law or agreed upon by the parties.

Civil Procedure Law of the People's Republic of China

Article 3 Scope of Application.

The provisions of this Law apply to the people's courts' acceptance of civil lawsuits brought by citizens, legal persons, and other organizations, as well as between them on the basis of property and personal relationships.

Joint and several liability guarantee, statute of limitations, interruption of statute of limitations

Joint and several liability guarantee means that the guarantor and the debtor are jointly and severally liable for the debt, that is, when the debtor fails to perform the debt, the guarantor bears the guarantee liability for substituting the debt. This debt is a joint and several liability guarantee debt.

The statute of limitations refers to the period of litigation for the people's court to request protection of civil rights, and the general statute of limitations is three years, the shortest statute of limitations is one year, and the longest statute of limitations is 20 years.

Interruption of the statute of limitations refers to the interruption of the statute of limitations when a lawsuit is filed, a request by one of the parties, or an agreement to perform an obligation. From the time of interruption, the statute of limitations period is recalculated.

Hello! Joint and several liability means that you and the other party jointly compensate 420,000 yuan, and you can recover from him within his ability.

The responsible person and you share 420,000, the limit of what he can bear, the rest is yours.

Hello, then you need to bear joint and several liability, and then recover from each other.

Hello, you need to bear joint and several liability.

If the question is not clearly formulated, add it so as not to answer it incorrectly.

Joint and several liability can be compensated in the following ways: according to the fault principle of joint and several liability, the assumption of joint and several liability can be divided and judged according to a certain proportion of the losses caused by infringement or breach of contract, and the liability for compensation for all losses or part of the losses can be borne by the joint and several liability.

Article 519 of the Civil Code.

Where it is difficult to reconcile the shares between the joint debtors, it shall be deemed to be the same.

A joint debtor who actually bears debts in excess of his own share shall have the right to recover the excess from the other joint debtors within the scope of the unfulfilled share of the other joint debtors, and shall enjoy the rights of creditors accordingly, provided that the interests of creditors are not harmed. Other joint debtors may assert against the debtor the defense of the creditor.

If the joint debtor being recovered is unable to perform its share of the shares, the other joint debtors shall share proportionally within the corresponding scope.

1) The legal basis for joint and several liability:

1. The Civil Code stipulates that this is the basic basis for joint and several liability. The main ones are: Article 973 The partners are jointly and severally liable for the debts of the joint partners; Article 164 and Article 167** of joint and several liability arising from unclear authorization, collusion between **person and a third party, lack of authority** or use of ** relationship to carry out illegal activities;

2. The auspicious provisions of the Civil Code on guarantee liability;

3. Provisions of relevant judicial interpretations. For example, Article 73 of the Several Opinions on the Trial of Loan Cases by the People's Courts, Articles 9 and 10 of the Opinions on Several Issues Concerning the Trial of Cases Involving Disputes over Rural Contracting Contracts, and Article 9 of the Answers to Several Questions Concerning the Trial of Cases Involving Disputes over Joint Venture Contracts all have provisions on joint and several liability.

4. Other laws and regulations. For example, the Detailed Rules for the Implementation of the Advertising Law stipulate that joint and several liability shall be borne for false advertisements.

2) The principle of joint and several liability agreement is to determine the assumption of joint and several liability according to the autonomy of the parties and voluntary agreement. Agreeing to assume joint and several liability is mostly found in guarantee contracts.

3) The principle of joint and several fault means that the joint and several liability is determined according to the degree of fault of the parties in the civil activities. There are two situations: one is that according to the provisions of the law or the agreement of the parties, the party who should be jointly and severally liable is not jointly and severally liable because it is not subjectively at fault, so under certain conditions (not all non-fault is not jointly and severally liable).

For example, if the parties to the main contract collude with the parties to the main contract to deceive the guarantor into providing a guarantee, and the creditor of the main contract adopts fraud or coercion to make the guarantor provide the guarantee contrary to its true intentions, the guarantor shall not be liable for the guarantee (i.e., joint and several liability). In addition, if one party to a partnership maliciously colludes with a third party to form a debt, the other party is not jointly and severally liable. The other is that, according to the provisions of the law or the agreement of the parties, although one party is jointly and severally liable, because the damage is not caused by the fault of one party, but by the fault of the creditor and the debtor, etc., the party shall bear the corresponding civil liability according to its fault, and the party shall also bear part of the joint and several liability.

For example, after the guarantee contract is confirmed to be invalid, if the debtor, the guarantor and the creditor are at fault, they shall each bear the corresponding civil liability according to their fault.