| The dispute over the categorization of the plurality of debtors or creditors mainly lies in the question of whether it is necessary to stipulate indivisible obligation or joint obligation.The distinction between divisible obligation and indivisible obligation is only an intermediate and auxiliary means to determine the mode of implementation of plurality of debtors or creditors,and,because the distinction between the two is ambiguous in standard and complex in operation,the practical value of this auxiliary means is limited.Most traditional rules on divisible obligation and indivisible obligation are closely related to separate obligation,solidary obligation and joint obligation.In formulating the rules on plurality of debtors or creditors in the future Chinese Civil Code,China should abandon the traditional continental law mode of juxtaposition or mixing of divisible obligation,indivisible obligation,separate obligation,and solidary obligation,and adopt a classification system based on the mode of implementation of obligation,that is,setting rules of joint obligation beside those on separate obligation and solidary obligation.The essential feature of joint obligation lies in its common implementation.The establishment of rules on joint obligation in legislation is required both by the completeness of the legal system of the plurality of debtors or creditors and by judicial practice. |
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