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不真正连带债务在各国民法多无明文规定,但却广泛存在于各国司法实践中,并由判例学说所肯定并不断加以完善,具有独立存在的价值。文章从分析不真正连带债务的内涵特征及类型入手,对不真正连带债务的内外法律效力进行考察,探讨在司法实践中如何处理不真正连带债务的相关问题。
Non-genuine joint and several liabilities in many countries have no explicit provisions of civil law, but widespread in the judicial practice of all countries, and by the jurisprudence of jurisprudence affirmed and continue to be refined, with independent existence value. Starting with the analysis of the connotation characteristics and types of untrue joint and several liability, the article examines the legal validity of untruthful joint and several liabilities and discusses how to deal with the related problems of untrue joint and several liabilities in judicial practice.