What is a joint and several relationship? What does it mean to be associated with it

Jointness is actually one word: tie

The joint relationship is divided into strong joint and several relationship (stong-tie) and weak joint and several relationship (weak-tie).

Weak-tie theory was proposed by Granovetter in 1973, which believes that there is a joint relationship between individuals, and this joint relationship can be subdivided into strong association and weak association, the so-called strong association refers to the joint relationship between individuals in the same group, because they belong to the same group and interact frequently with each other, so the flow of information is very fast. On the other hand, it can lead to duplicate messaging and waste.

It is worth noting that in strong association, the relationship type of individuals is relatively intimate or frequently interacts with each other, while in weak association, the relationship is more distant and less interactive, or even just once known or met. In the theory of weak linkage, it can be divided into two situations, one is that there are many groups but few weak associations, and the other is that there are few groups but many weak associations, the former is less enthusiastic due to the small number of weak associations, and the circulation of information between individuals is limited to the circulation within the individual group, and in some extreme cases, information closure may occur; On the other hand, the latter refers to the fact that there are many weak associations between groups, so the flow of information throughout the matrix is relatively fast.

Joint and several relationship refers to the cooperative relationship based on the contractual relationship such as partnership, guarantee, joint venture, contracting, etc., or the relationship between superiors and subordinates. Specifically, in this relationship, a form of liability for the full payment of the same debt by multiple debtors, i.e., a form of debt in which a creditor may request payment in whole or in part against one or all of the debtors, at the same time or sequentially. Therefore, in a joint and several relationship, joint and several liability is required.

Joint and several liability in a civil legal relationship is a form in which several debtors in a joint and several debt relationship bear civil liability to creditors. Therefore, joint and several liability needs to meet the general constitutive elements of civil liability, that is, the jointly and severally liable person must be subjectively at fault; The conduct must be unlawful; the fact that the damage must have been caused; There must be a causal link between the violation and the harmful consequences.

In general, the debtors of joint and several liability are jointly and severally liable for the entire debt unconditionally, regardless of priority. A creditor may demand the full payment of the debt from any one debtor in any particular order.

Legal basis] Civil Code of the People's Republic of China

Article 688:Where the parties stipulate in the guarantee contract that the guarantor and the debtor shall be jointly and severally liable for the debt, it is a joint and several liability guarantee.

In the event that the debtor of the joint and several liability guarantee fails to perform the debts due or the circumstances agreed upon by the parties occur, the creditor may request the debtor to perform the debts, and may also request the guarantor to assume the guarantee liability within the scope of the guarantee.

In the creditor-debtor relationship, there are joint and several debts. It is divided into joint and several claims and joint and several debts. Joint and several claims refer to claims in which some or all of the creditors can request the debtor to perform the debt; Joint and several debts refer to debts in which a creditor can request some or all of the debtor to perform all the debts.

According to the different reasons for the occurrence of joint and several debts, they can be divided into: statutory joint and several debts and intended joint and several debts. For example:

The liability for damages in joint tortfeasor is joint and several debt.

[Legal basis].Article 518 of the Civil Code of the People's Republic of China: Where there are two or more creditors, and some or all of the creditors may request the debtor to perform the debt, it is a joint and several creditor's right;

If there are two or more debtors, and the creditor may request some or all of the debtors to perform all the debts, it is a joint and several debt.

Joint and several creditor's rights or joint and several suspected debts shall be provided for by law or agreed by the parties.

Legal analysis: joint and several relationship is based on partnership, guarantee, association, contracting and other contractual relationships or behaviors, and the relationship between superiors and subordinates. Specifically, in this relationship, it is a form of liability for the full payment of the same debt by each of the index debtors, that is, a form of debt in which the creditor can request payment in whole or in part against one of the debtors, several persons or all of them, at the same time or secutively.

Therefore, in a joint and several relationship, joint and several debts should be assumed.

Legal basis] Civil Code of the People's Republic of China

Article 518:Where there are two or more creditors accompanying the debtor, and some or all of the creditors may request the debtor to perform the debt, it is a joint and several creditor's right; Where there are two or more debtors, and the creditor may request some or all of the debtors to perform all the debts, it is a joint and several debt. Joint and several creditor's rights or joint debts shall be provided for by the law of the noisy shed or agreed by the parties.

Article 519:Where it is difficult to determine the shares between the joint debtors, the shares 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. The defenses of other joint debtors against the creditor may be asserted against the debtor.

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.

Joint and several relationship can be determined by whether there is an agreement in the contract. If the parties agree that there are two or more debtors, and the creditor may request some or all of the debtors to perform all the debts, then it can be considered that there is a joint and several relationship. If there is no express agreement between the parties or the law does not provide for it in accordance with the law, then it is tacitly assumed that there is no joint and several relationship, and the debt is paid off by the debtor personally.

1. What does joint and several debt mean?

Joint and several debts refer to debts in which two or more creditors or debtors enjoy joint and several claims or bear joint and several debts. In joint and several debts, any one of the majority of creditors has the right to demand that the debtor pay off all debts, and this joint and several relationship is called joint and several claims; Most of the debtors are obligated to pay off the entire debt, and this joint and several relationship is called joint and several debt.

2. What are the legal effects of joint and several creditor's rights?

Legal Effect of Joint and Several Debts:

1. External effect: In the case of joint and several claims, all creditors have the right to demand full payment from the debtor, and the debtor also has the right to take the initiative to perform obligations to any creditor. The creditor receives the full payment from the debtor, and the claims of the other creditors will be extinguished.

In the case of joint and several debts, it is understood that each debtor is obliged to pay the entire debt to the creditor. The creditor has the right to demand performance from one or more joint debtors. The debtor who is called upon may not refuse to pay on the grounds of other debtors, nor may it defend the creditor's demand for more than its share to be paid;

2. Internal effect: The internal effect of joint and several debts refers to the rights and obligations between joint creditors and joint debtors. The effectiveness of joint and several debts can be divided into the internal effect of joint and several claims and the internal effect of joint and several debts.

In joint and several debts, when the debtor fulfills the debt in excess of its share of the debt, it has the right to claim compensation from other debtors.

Joint and several claims are classified according to the symmetrical claims of each claim. Refers to the claims enjoyed by a majority of creditors who are jointly and severally. Under joint and several claims, any joint and several creditors have the right to demand and accept full performance from the debtor.

3. Is the guarantor a joint debtor?

A joint guarantor is not a joint debtor, a joint debtor is a person who bears unlimited liability for the debt, and the joint guarantor is only the guarantor of the debt, not the subject of the debt.

Joint and several debts refer to debts in which there are two or more debtors, and because there is a joint and several relationship between all the debtors, each debtor has the obligation to repay in full, and the full repayment of one or more of the debtors takes effect on all the debtors, thus leading to the extinction of the relationship of all debts. Or it can be simply said that if several people bear the same debt, and each of them bears the obligation to pay all the debts, it is a joint and several debt.

Article 518 of the Civil Code.

Where there are two or more creditors, and some or all of the creditors may request the debtor to perform the debt, it is a joint and several creditor's right; Where there are two or more debtors, and the creditor may request some or all of the debtors to perform all the debts, it is a joint and several debt.

Joint and several creditor's rights or joint debts shall be provided for by law or agreed upon by the parties.

Legal analysis: To determine the joint and several relationship, it is necessary to first see whether there is a contractual agreement, and if there is no contract, whether there is a substantive joint and several relationship. Specifically, depending on whether the husband and wife have an agreement to jointly borrow debts, if the husband and wife have an agreement to jointly borrow debts, the debts should be regarded as joint debts, regardless of whether the benefits of the debts are shared by the husband and wife.

Therefore, the substantive joint and several relationship and joint and several liability are the key to the determination, and the terms of the contract are only auxiliary elements of the determination.

Legal basis] Civil Code of the People's Republic of China

Article 1064:Debts incurred by both husband and wife as jointly signed by both husband and wife or by one of the husband and wife as an expression of common intent such as retrospective recognition by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Article 1065:A man and a woman may agree that property acquired during the existence of the marital relationship and property acquired before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is legally binding on both parties. The husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and if the husband or the wife is aware of the debts owed to the outside world, the personal property of the husband or the wife shall be paid off with the personal property of the husband or wife.

1. Jointly, refers to incidental; Piggyback. When repairing the roof, the doors and windows were also repaired.

2, "Saying Wen Towel": "City, Yun also." The ancients are just in front of it, and the city is like it. Zhu City, the Son of Heaven, Zhu Chi City, and the doctor is Heng. From the city, like the shape of the association. ”

Song Ouyang Xiu's poem "Imitation Jade Table: Farewell Queen": "The chain is connected and linked, and the gift of the monarch will not be forgotten." "Dust and sleep.

3. Interrelated.

Guo Moruo's "Girl Carmelo": "Ah, scrofula! Isn't this associated with tuberculosis? Hong Shen's "Preliminary Knowledge of Drama Directors" Part 3: "Of course, there is a joint relationship between the two. ”