What is Joint and Several Liability? What is joint and several liability?

The so-called joint and several liability refers to a kind of civil liability in which two or more parties bear all or part of their joint debts in accordance with the provisions of the law or the agreement of the parties, and can give rise to their internal debt relations. It is one of the shared responsibilities. Traditional civil law does not have a parallel concept of joint and several liability.

This concept is quite Chinese and probably refers to the form of joint and several liability that is opposed to supplementary joint and several liability. After the joint and several liability is determined, the joint and several liability can be divided into parallel joint and several liability and supplementary joint and several liability according to the order in which the debtor bears responsibility. In the case of concurrent joint and several liability, the debtors are unconditionally jointly and severally liable for the entire debt, regardless of priority, and the creditor may claim the repayment of all debts from any debtor.

Supplementary joint and several liability must be premised on the non-performance or inability of the principal debtor in joint and several liability, and the debtor shall only bear supplementary joint and several liability in the second order, such as the guarantee liability of the guarantor, the external debts of the partners and the partnership, and the person who is infringed by a third party by the operator with the obligation of security.

Specifically: (1) Joint and several liability is a kind of majority liability, that is, the debtor corresponding to the creditor is more than two in number. (2) Joint and several liability is a civil liability for breach of legal obligations.

This legal obligation is first and foremost an obligation under contract law, i.e., the obligation to pay, which is manifested in acts. The obligations under contract law can be the agreement of the parties to the contract (such as the agreed joint and several guarantee liability), or the statutory rights and obligations of the parties to the contract (such as the joint and several liability of the legal partners for the partnership debts). The second is the obligation in tort law, that is, the obligation not to infringe on the personal and property rights and interests of others, which is manifested in omission (such as joint and several liability for joint tort).

3) Either one of the persons jointly and severally liable must be fully responsible for the consequences of the breach of legal obligations.

Have you ever been in a lawsuit?

If there is, and the court has clarified the responsibility, then you can't be joint and several, if not, then it is recommended that you go to the law to solve the problem, if the owner is not capable, then you can find its unit for compensation (to see if the person is a formal employee of the unit!) ）

Of course, I'm not in the legal business. This aspect is not well understood

It is recommended to solve the responsibility through the law, always delineate it clearly! Good luck

Joint and several liability refers to a kind of civil liability in which two or more parties bear all or part of their joint debts in accordance with the provisions of the law or the agreement of the parties, and can give rise to their internal debt relations. When there are more than one person responsible, each person is responsible for paying off all debts, and there is a joint and several relationship between the responsible persons. 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.

The difference between general joint and several liability and supplementary joint and several liability:

After the joint and several liability is determined, the joint and several liability can be divided into general joint and several liability and supplementary joint and several liability according to the order in which the debtor bears responsibility. 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.

Supplementary joint and several liability must be premised on the non-performance or inability of the principal debtor in the joint and several liability, from the fact that the debtor is jointly and severally liable only in the second order or not necessarily equal to the total amount of liability.

Legal basisArticle 178 of the Civil Code of the People's Republic of China.

Where two or more persons bear joint and several liability in accordance with law, the right holder has the right to request that some or all of the jointly and severally liable persons 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.

Joint and several liability refers to a kind of civil liability in which two or more parties bear all or part of their joint debts in accordance with the provisions of the law or the agreement of the parties, and can give rise to their internal debt relations. It is one of the shared responsibilities. Joint and several liability has the following characteristics:

1. The jointly and severally liable persons must be in two or more persons;

2. There must be a debt relationship between the jointly and severally liable person and the creditor and it must be an inseparable debt;

3. The debts to which joint and several liability points must be inseparable;

4. The object of joint and several liability must be a kind of thing;

5. The undertaking must be expressly stipulated in the law or expressly agreed by the parties.

The circumstances under which joint and several liability is determined are as follows:

1. Joint and several liability due to guarantee;

2. Joint and several liability in partnership (including partnership-type association);

3. Bear joint and several liability due to **;

4. Joint and several liability due to joint infringement;

5. Joint and several liability due to joint debts;

6. The joint and several liability of the producer and seller of the product for damage caused by unqualified products;

7. Bear joint and several liability for lending business introduction letters, special contract seals or blank contracts with official seals;

8. The assumption of the original debts after the division of the enterprise legal person and the joint and several liability arising from the fault of the enterprise that opened the rotten cherry blossom. If the enterprise legal person is separated, its original debts shall be borne by the changed legal person.

Legal basisArticle 686 of the Civil Code of the People's Republic of China.

The forms of guarantee include general warranty and joint and several liability guarantee.

If the parties do not agree on the form of guarantee in the guarantee contract or the agreement is not clear, they shall bear the guarantee liability in accordance with the general guarantee.

Article 687.

Where the parties agree in the guarantee contract that if the debtor fails to perform its obligations, the guarantor shall bear the guarantee liability, it is a general guarantee.

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.

Summary. Dear, I am glad to answer for you: joint and several liability is also known as "joint and several debt".

civil liability". A form of liability in which each debtor is liable for the same debt. That is, a form of debt in which a creditor may request payment in whole or in part against one or several debtors or all of them, at the same time or in succession.

For example, a creditor of a partnership debt may request one or several members of the partnership or all of them to pay off the partnership debt in part or in whole at the same time or sequentially.

What is Joint and Several Liability?

Dear, I am glad to answer for you: joint and several liability is also known as "joint and several debt". civil liability".

A form of liability in which each debtor is liable for the same debt. That is, a form of debt in which a creditor may request payment in whole or in part against one or several debtors or all of them, at the same time or in succession. For example, a creditor of a partnership debt may request one or several members of the partnership or all of them to pay off the partnership debt in part or in whole at the same time or sequentially.

Legal basis: Article 51 of the Tort Liability Law of the People's Republic of China (repealed as of January 1, 2021) If a motor vehicle is assembled or has reached the scrapping standard is transferred by way of sale or sale, and the damage caused by a traffic accident occurs, the transferor and the transferee shall be jointly and severally liable. Article 89 of the Tort Liability Law of the People's Republic of China (repealed as of January 1, 2021) shall include the units or individuals responsible for the management of public roads, as well as the units and individuals that specifically carry out acts such as stacking, dumping, and scattering.

Article 167 of the Civil Code: Where a person knows or should know that the matter is illegal but still commits an act, or the person who knows or should know that the act of the person is illegal and does not object, the person being the person and the person shall be jointly and severally liable.

1. What is joint and several liability?

1. Joint and several liability is a form of liability in which any person in the multiple parties is obliged to bear all civil liabilities to the obligee in accordance with the law or contract. However, after the joint and several liability is assumed, the joint and several parties have the right to claim compensation from the other parties, and it does not exempt the other parties from their due liability.

2. Legal basis: Article 1171 of the Civil Code of the People's Republic of China.

Where two or more persons separately commit tortious acts and cause the same damage, and each person's tortious acts are sufficient to cause all the damages, the perpetrators shall be jointly and severally liable.

Article 1170.

Where two or more persons carry out conduct that endangers the safety of others' persons or property, and the conduct of one or more of them causes harm to others, and the specific infringer can be identified, the infringer bears responsibility; Where the specific infringer cannot be determined, the perpetrator bears joint and several liability.

2. What are the constituent elements of joint and several liability?

1. The joint and several liable persons must be two or more persons, and the persons jointly and severally liable must be two or more persons, and the joint and several liable persons are divided into two situations as the majority of the subjects, one is the debtors of general joint and several liability, such as the partners in the partnership, the tortfeasors of joint tortfeasors, etc., and the other is the main debtor and the secondary debtor in the supplementary joint and several liability, such as the main debtor and the guarantor in the guarantee contract;

2. There must be a debt relationship between the jointly and severally liable persons and the creditors, and it is an inseparable debt, and the inseparability of the joint debts determines that each jointly and severally liable person should first unconditionally assume all the responsibilities when performing their obligations, and then reflect the proportional liability in the internal relationship. Therefore, joint indivisibility is an important constituent element of joint and several liability;

3. The object of joint and several liability must be a kind of thing;

4. The assumption of joint and several liability must be expressly stipulated by law or expressly agreed by the parties.