The dual structural characteristics of joint and several liability,characterised by "multiple debts+identity of performance",increase the difficulty in identifying the number of subject matters of litigation in such cases,leading to debates within the academic community regarding the form of litigation. The identity of performance in joint and several liability determines that there is one single basis for the claim and one subject matter in joint and several liability litigations. Since creditors have the right to select debtors who are jointly and severally liable,joint and several liability litigations should not require the participation of all debtors in the lawsuit. Joint and several liability litigation should be non-indispensable joint litigation,and the judgment reflexively affects those who are not sued. If a non-sued party fails to participate in the litigation for reasons beyond their control and the judgement contains errors that harm their interests,they may file a third-party revocation lawsuit.
关键词
连带责任/诉讼标的/给付同一性/请求权基础思维/必要共同诉讼
Key words
Joint and Several Liability/Subject Matter of Litigation/Identity of Performance/Claim-based Thinking/Non-Indispensable Joint Action
维普
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