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不真正连带债务是特殊债务的一种,虽然在我国现行立法中没有明文规定,但却广泛存在于司法实践之中。不真正连带债务对于减少当事人讼累、充分保护当事人的合法权益具有不可替代的作用,因此有必要对其进行研究。本文从介绍不真正连带债务的概念开始,对其构成要件、与连带债务的界分、对内对外效力、类型、法律规则等相关法律问题进行初步探讨,以适应司法实践的要求。
Not really joint and several liability is a kind of special debt, although there is no express provision in the current legislation of our country, it exists widely in judicial practice. Not really joint and several liabilities to reduce litigant litigation, the full protection of the legitimate rights and interests of the parties have an irreplaceable role, it is necessary to study it. This article begins with the introduction of the concept of untrue joint and several liabilities, and discusses the legal issues such as its constituent elements, the division with the joint liability, the internal and external effectiveness, types and legal rules so as to meet the requirements of judicial practice.