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不真正连带责任的定义不真正连带责任(Unelchte Solidaritat)系德国学者阿依舍雷率先提出,它是建立在德国普通法时期对连带之债二分论(共同连带、单纯连带)基础之上的,并逐步从单纯连带中引申、演化而来。虽然各国学说理论不一,立法也无明文规定,但其仍为各国法院判例所接受、肯定。所谓不真正连带责任(又称不真正连带债务),是指数个债务人分别基于各自立场对同一债权人负填补同一损害之义务,亦即每个债务人分别因侵权行为、债务或法定义务不履行、合同违约行为等与债权人形成独立的法律关系,并为填补债权人的同一利益损害之内容而承担各自的全部给付义务。
Unelchte Solidaritat, first introduced by German scholar Aisselthree, is based on the dichotomy (joint-joint, joint-only) of joint and several liabilities in the period of common law in Germany. And gradually extended from the purely associated, evolved. Although the doctrines of different countries have different theories and there are no express provisions in the legislation, they are still accepted and confirmed by the precedents of various countries. The so-called not really joint and several liability (also known as not really joint and several liability) refers to a number of debtors, respectively, on the basis of their position to the same creditor to fill the same damage obligations, that is, each of the debtor, respectively, due to infringement, debt or statutory obligations, Behavior and other forms of independent legal relationship with the creditors, and to fill the contents of the same interests of creditors and assume their full obligation to pay.