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不真正连带债务处于不断变化发展中。从语用逻辑看,不真正连带债务包括积极意义的不真正连带债务和消极意义的不真正连带债务。语用逻辑的不同是不真正连带债务在德国和我国境遇不同的原因:德国学者对不真正连带债务概念的态度经历了从肯定到否定的转变;我国立法者积极将不真正连带债务用于调整社会关系,确立了法定不真正连带债务类型,同时,不真正连带债务也获得司法实践的广泛认可。不真正连带债务制度的构建兼具多重价值,学者应着力研究不真正连带债务的各项法律效力规则,积极促进不真正连带债务从概念到制度的嬗变。
Not real joint and several liabilities in a constantly changing development. From the pragmatic logic, the real joint and several liability does not include the real joint and several liabilities and the negative ones that are not really joint and several liabilities. The difference of pragmatic logic is the reason why the real joint and several liabilities do not have the same situation in Germany and our country. The German scholars’ attitude toward the concept of not true joint and several liabilities has undergone a change from affirmative to negative. The legislators in our country actively used the unrealized joint debts to adjust Social relations, established the statutory non-genuine joint and several types of debt, at the same time, do not really joint and several debt is also widely recognized judicial practice. Not truly joint and several liability system with multiple values, scholars should focus on non-genuine joint and several liabilities of the legal effect of rules, and actively promote the real joint and several liabilities from concept to system evolution.