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连带责任是我国立法中的一项重要制度,是一种加重责任,在经过法律明文规定或当事人明确约定的情况下才能得以利用,其目的就是为了在法律许可的范围内保障受到损害的一方获得最大限度的补偿。合同中的连带责任是基于合同关系产生的,因此,当事人签订的合同中条文的不同则决定了其产生的连带责任也会不同。完善合同法中的连带责任对于我国的法律体系和促进社会和谐都具有重大意义。文章分析了合同法中连带责任的概念、分类、形成原因及其功能作用,以期促进合同法中条文的进一步完善。
The joint and several liability is an important system in our country’s legislation. It is an aggravating responsibility which can be utilized only after the express provisions of the law or the parties expressly agreed. The purpose of the joint and several liability is to protect the harmed party from being harmed to the extent permitted by law The maximum compensation. The joint and several liability in the contract is based on the contractual relationship. Therefore, the difference between the clauses in the contract signed by the parties determines that the joint and several liability will be different. Improving the joint and several liability in the contract law is of great significance to our country’s legal system and promoting social harmony. The article analyzes the concept, classification, formation reason and function of the joint and several liability in the contract law, in order to promote further improvement of the articles in the contract law.