On Supplementary Debt and Beneficium Ordinis——From the Perspective of Article 14 of the Interpretation Ⅰ of the Tort Liability Part of the Civil Code
Article 14 of the Interpretation Ⅰ of the Tort Liability Part of the Civil Code on the Rules of Supplementary Liability of Educational Institutions for Injuries to Students Caused by a Third Party,and Article 25 of the Interpretation of the Guarantee System of the Civil Code on the Rules of General Guarantee are interpretations of both the Supplementary Liability and the rules thereof.By integrating these rules,we can sublimate the supplementary debt rules of the debt law,establish a rule system for the supplementary debt and its beneficium ordinis,and change the long-standing bias in civil law theory and practice towards self-explanation of supplementary debt in contract law and tort law.Supplementary debt in debt law includes the supplementary debt of contract debt and the supplementary debt of tort debt.It refers to the debt relationship where among multiple debtors,the primary debtor bears the full obligation to pay off the debt,and the secondary debtor bears the obligation to supplement the insufficient part of the debt when the primary debtor cannot fulfill the debt,or to fulfill the corresponding obligation to pay off according to the degree of fault.Beneficium ordinis is the defense right of the secondary debtor of supplementary debt to refuse to fulfill the obligation to the creditor before the creditor's compulsory enforcement of the primary debtor's property is ineffective.
supplementary debtfull supplementationlimited supplementationbeneficium ordinisdebt law
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