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不真正连带债务制度是从德、日等大陆法系国家通过法院判例和学说发展起来的民法制度,是复杂社会生活对利益平衡在司法解决方法上提出的需要和挑战。不真正连带债务效力相关问题中其对内效力的理论研究和实践分析尤其值得考察。本文从解析不真正连带债务的概念特征及法律效力出发,考察其对内效力,分析不真正债务人内部求偿关系存在的依据和终局责任人的确定,通过理论分析总结终局责任人的判定条件和依据。
The system of untrue joint liabilities is a civil law system developed from court cases and doctrine from countries such as Germany and Japan. It is the need and challenge put forward by the complicated social life on the judicial solution to the balance of interests. In particular, the theoretical and practical analysis of its internal effects in issues related to the effectiveness of non-joint liabilities is particularly worthy of investigation. Based on the analysis of the conceptual characteristics and legal validity of the untrue joint and several liability, this article examines its internal validity, the basis for the analysis of the internal compensation relationship of the untrue debtor and the determination of the ultimate responsible person. By analyzing the judgment conditions of the ultimate responsible person through theoretical analysis and in accordance with.